What would you do if you were the manager?

Last / Next  2010-04-30 07:40:00

Enriqueta, a secretary, treats her children to breakfast at a fast-food restaurant. She
orders hot chocolate, and the children select orange juice. Her youngest child, who is six years old, asks whether she may try the hot chocolate. (The beverage has been served in a Styrofoam cup with a plastic lid.)

Enriqueta replies that the chocolate is “probably too hot for her to try.” (This
comment is overheard by several guests sitting nearby.) The child reaches for the drink anyway, and her mother, in an effort to pull it away, spills the beverage on her own hands, causing severe burns. Her lawyer states that Enriqueta has suffered second-and third-degree burns and will be forced to miss work for three weeks. Upon returning to work, her typing speed is severely reduced because of scarring on her left hand. The attorney threatens to sue for damages, including medical expenses, lost wages, and a large amount for punitive damages.

TAG: restaurant-laws

restaurant`space Quote Delete restaurant   /   2010-04-30 07:41:00
Contact your attorney and insurance company. This one is not likely to go away. The
question here will be fairly straightforward. Was the chocolate served at a temperature
too hot to be safe? The fact that Enriqueta knew it was hot is not very important,
nor are the specifics about how the chocolate was spilled. You, as manager, must
demonstrate that the drink was served at an appropriate temperature. Ask your beverage
equipment manufacturer for guidelines about proper temperature setting. Your
trade association may also publish serving temperature recommendations. Be careful
if you cannot really be sure what the serving temperature was (which would be the
case, for example, if the server microwaved water and then added a chocolate powder
to make the hot chocolate). Be sure to establish standards and ensure that all
food and beverages are served at their proper temperatures. Frequent checks of
temperature-holding equipment are critical.


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