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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I own a Chinese restaurant, and we had a very busy night as

Customer Question

I own a Chinese restaurant, and we had a very busy night as it is New Years Eve with most of our business in "take out" orders. One take out order was called in asking a dish to be made without mushrooms. However, the cook didn't see it in a timely manner and just tried to pick out the mushrooms after it was cooked. The order was picked up, and someone called in complaining that she ate some of her chow mein and discovered there was mushrooms in it. She then told our server supervisor that she was allergic and that she would be in tomorrow to talk to the owner or manager. I checked with the person on the phone taking the order, and she did say that the purchaser specified to make the dish without mushrooms, but she in no way said she was allergic. What do we do when she arrives tomorrow. Do we offer compensation if she has to go to the ER room tonight? Do we offer a gift certificate if she is o.k.? It seems that if allergies are life threatening, that she would have been very forceful in stating that she was allergic, rather than just saying no mushrooms. What do you think -- I am in Utah.
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.

As the customer made a specific request for the meal to be prepared without mushrooms, it seems likely that your restaurant would have at least some liability if she suffers any harm or incurs any bills. With that in mind, it would seem prudent to offer her something in an attempt to resolve the matter.

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By the time she comes in tomorrow, any harm would likely have passed and/or be evident at that time. Meaning, if she is up and about and appears normal, I would suggest that her injuries, if any, would be relatively minor. This being the case, perhaps you might offer her something relatively minor, such as gift certificates to the restaurant. Whatever you offer, you might also consider having her sign a document releasing you of any liability for the incident.

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Customer: replied 1 year ago.
What should I entitle the document that I have the customer sign?
Expert:  Joseph replied 1 year ago.

You don't need to title it at all. However, if you desire to include a title, perhaps something such as, "release of liability" would suffice.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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