LIBRARY > DINING OUT HAZARDS

Who is Responsible if You Get Sick?

Topics Covered

Dining Out: A Purchase of Goods
The Rationale Behind the Law
Your Legal Rights

According to the Law in New York, you enter into a contract every time you sit down at your favorite restaurant and order a meal. The Law treats the transaction of ordering a meal as a purchase of goods. The proprietor of the restaurant, just like a car dealer, is charged with a legal duty of providing a product that is safe and will not cause harm or make you ill. In addition, the Law provides that there is implied warranty (promise) that the meal is fit for consumption.

This implied warranty is an obligation placed by the Law on the restaurant owner to the customer, which means that you are entitled to receive exactly what you ordered and paid for. So, if you order a burger and fries, you are entitled to the same protection as a person who purchases a television. The Law says that it was understood when you bought the TV set that it would operate and deliver the programs which are available. Likewise, your burger and fries should be fit for consumption. If your TV set does not operate, the Law says that you are entitled to recover money damages because of a " breach of warranty." If the food you ordered is contaminated and you are caused to become ill, the warranty has been " breached " and you are entitled to money damages as well.

The Rationale Behind the Law

The rationale behind the Law is that the restaurant owner is in the best position to control the preparation of the food he serves. How can the patron in a restaurant protect himself from glass in his food? It is the people working in the kitchen who are able to take the proper precautions. This warranty extends to any foreseeable users. For example, if you purchased the ice cream and brought it home to a friend who became ill because it was contaminated, your friend could sue and recover damages for the breach of warranty.

Rights and Remedies

The Law places other obligations on the seller of food. The seller of food can be held responsible if it is shown that they have been negligent in its preparation and sale. The injured customer need only show that the restaurant did not use reasonable care in the preparation of its food which caused the injury to the customer. In certain situations, the Law may hold a restaurant responsible for its negligence where it is demonstrated that a foreign substance could not have gotten into the food without the negligence of the food preparers.

It thus can seen that the Law affords you a remedy to recover compensation against a food seller or seller of any defective product. The Law dealing with the consumption of unwholesome food was designed to protect the average customer and patrons of restaurants from illness and injury. You have every right to expect that the food placed in front of you is fit to eat. If you are unfortunate enough to be injured because of contaminated or unfit food, I suggest that you consult with an Attorney experienced in representing people injured in accidents to enforce your rights to recover compensation.