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Sued Over Food? 5 Things About Lawsuits Restaurant Owners Should Know

Sued Over Food? 5 Things About Lawsuits Restaurant Owners Should Know

<p style&equals;"text-align&colon; justify&semi;">Managing a restaurant is a lot of hard work&period; As a responsible and in-the-know restaurant owner&comma; here are five important things restaurant owners should be aware of&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;"><strong>Proving Food Poisoning<&sol;strong><&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">If a customer eats food served at the restaurant and becomes ill&comma; the customer will claim that he or she contracted food poisoning from the restaurant&period; In order to prove this claim&comma; the customer will need to prove that the restaurant was the cause of the food poisoning&period; This is easy for the customer to do if evidence is left at the restaurant&comma; such as utensils and leftovers that are alleged to have caused the food poisoning&period; It is much more difficult for a busy restaurant with hundreds of patrons a night to preserve evidence&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;"><img class&equals;"aligncenter size-full wp-image-12546" src&equals;"https&colon;&sol;&sol;medusamagazine&period;com&sol;wp-content&sol;uploads&sol;2015&sol;10&sol;Sued-Over-Food-5-Things-About-Lawsuits-Restaurant-Owners-Should-Know&period;jpg" alt&equals;"Sued Over Food&quest; 5 Things About Lawsuits Restaurant Owners Should Know" width&equals;"612" height&equals;"376" &sol;><&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;"><strong>Strict Liability – No Fault<&sol;strong><&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">In a few states&comma; restaurants have been held strictly liable for serving contaminated food&period; This means that if the customer claims he or she contracted food poisoning from a restaurant&comma; the restaurant is held responsible even without a specific finding of negligence or fault on the restaurant’s part&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;"><strong>Take Reasonable Precautions<&sol;strong><&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">In most states&comma; a customer suing the restaurant must prove that the restaurant was negligent&comma; that is that the restaurant had a duty to ensure reasonably safe food&comma; and it failed to take reasonable measures and precautions to prevent contaminated food&period; If the restaurant can show that it took reasonable precautionary measures to prevent food poisoning&comma; customers will have a difficult time proving that the restaurant in question was the cause of food poisoning&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;"><strong>Showing Cause<&sol;strong><&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">This may state the obvious&comma; but a customer must show the food consumed was in fact unwholesome or tainted&period; Just because a customer becomes ill after eating at a restaurant does not show that the food was bad&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;"><strong>Food Fit For Human Consumption<&sol;strong><&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The food served at your restaurant may fall under the purview of an implied warranty of fitness for human consumption&period; If this is the case&comma; a customer who claims food poisoning could sue under the contract theory for breach of implied warranty&period; The food must conform to the reasonable expectations of consumers&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">When you open a restaurant&comma; you envision happy patrons who are eager to return again for the delicious food&period; Most restaurant owners put their heart and soul into making their business succeed&period; No matter the care you take in food preparation and safety precautions&comma; incidents are bound to happen&period; Be sure to have an attorney&comma; like the ones from Pritzker Law&comma; you trust to help you when a possible lawsuit arises&period; It is just the nature of the business when you hold yourself out to the public in a merchant capacity&period;<&sol;p>&NewLine;

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