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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience:  Experienced and trained in the area of business law.
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We had an incident at our restaurant where we accidently put

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We had an incident at our restaurant where we accidently put 7 screws in a clear drink cup...the screws came from a cup dispenser that we had taken apart to clean. We got busy and we had to stop what we were doing and another employee that didn't know there were screws in the cup used it in an order....the guests were serviced at the drive thru...they got home, found the screws, called us...of course we were shocked but we figured out what happened....nobody ingested the screws and was physically hurt....we offered to compensate them etc...what is our liability?

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Under California law, while the serving a drink with a foreign object would be considered "negligent", you have no legal liability to the customer because no damage resulted.

J.Hazelbaker :

Had the screws been ingested and the customer injured, you would be fully responsible for the medical care and other direct damages.

J.Hazelbaker :

However, without injury and no damages, there is no legal liability.

J.Hazelbaker :

Of course, you may want to go the extra mile to prevent any bad publicity, but other than refunding the purchase price, you have no legal obligation to compensate the customer further.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

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