Looking for Legal Opinions

[max_boost]

Can a restaurant put up a sign and say we don't cater to people with food allergies?

[Amysicle]

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[FraserB]

Originally posted by max_boost
Can a restaurant put up a sign and say we don't cater to people with food allergies?

Don't see why not, having an allergy doesn't make you part of a protected group.

[Xtrema]

Originally posted by dj_rice
If this guy dies, can the restaurant be held accountable as well or sole blame just on waiter?

I would assume some sort of employee orientation/policy will be written up to make that responsibility solely on waiter.

[colinxx235]

^

Most restaurants never made you sign shit... except for the government required CRA/tax papers.

Hell Joeys doesn't even pay you to train/do orientation. So no way would they be making you sign a contract or disclaimer making you liable for your actions haha

[kertejud2]

Originally posted by dj_rice
If this guy dies, can the restaurant be held accountable as well or sole blame just on waiter?

Depends.

If it's anything like an employee injury or death, you have to show that the employee operated outside the standards and practices put in place.

Do you have the systems in place for this situation?
Did the employee know them?
Had the employee followed them would the situation have been prevented?
Have you evaluated your systems because of this event to make any changes if needed?

And probably most important of all, do you have documentation to show it?


If the answer to any of those questions is 'no' (especially the last one) then the restaurant is opening themselves up to problems.

[rx7_turbo2]

Originally posted by Amysicle
In this recent situation, the customer alerted the waiter about their allergy and the waiter didn't pass it along or take it seriously. That's a failure on the waiter.

OP didn't mention his allergy and expected staff to be mindreaders. That's a failure on OP.

It seems like a pretty simple concept, and yet here we are.

[max_boost]

Originally posted by FraserB


Don't see why not, having an allergy doesn't make you part of a protected group.

ya man what's the % of ppl with deathly food allergies? Just skip their biz. Save the trouble. Lol

But wait....oh that's just mean.

[Sugarphreak]

...

[msommers]

Actually there are places like that - Lazy Loaf immediately comes to mind. Next time I'm in there I should take a snapshot. It basically says something like "everything has nuts in it so don't ask" LOL

Fortunately, it's just down the hill from Foothills and hospital staff eat there often. Challenge accepted

[RealJimmyJames]

I have seen signs about allergen use in restaurants. Seems sensible for a lot of places that don't have the ability or desire to create a 100% sterile area for allergen-free foods.

[SKR]

Five Guys is peanut city. Doesn't seem like they care too much about catering to people with allergies.

I'd go there and find out what the signs actually say, because they have something on the wall about allergies, but I can't afford fancy things like a $10 hamburger right now.

[gwill]

Originally posted by max_boost
Lol quebec though. Don't those guys operate on different set of rules / laws lol we know how hard you wanna be right gwill lol

Vicarious liability? Be responsible for your employees? I remember that from high school legal studies.

If u know you can die in an instant wouldn't you wanna carry your antidote on you? Lol

All I could do was laugh when I read this story because of this thread... the story does seem to agree with my stance that restaraunts bare some responsibility when it comes to allergies. I don't think a simple waiver at the door waives a restaraunts liabilities.

In this new case the guy can easily prove damages. Most will never be able to... But this may open up others in trying to hold restaraunts accountable. Which in most cases is ridiculous.

I'm curious if the restaraunt will blame the waiter or if the waiter will blame them... It's a lose lose situation for both if it goes to civil court.