Teatime at the Plaza Hotel in New York City is a uniquely fancy experience. But visits by the hoi polloi, including society matrons and other high falutin’ ladies who lunch, do not guarantee that your smartly plated food will not be contaminated.
In the incident reported to us by an EOLIS executive, it was luscious strawberries and cream cheese, or maybe just plain old-fashioned strawberries that were the culprit; an insect contently nestled under a strawberry, much to the diner’s dismay. The tearoom’s maitre d’ went on the defensive instantly, questioning the guest’s first-hand knowledge of the creeping insect that suddenly sped off to a low flying cloud as the diner and a server watched in disbelief.
In a city like New York, the cleanliness of the establishment is not necessarily defined by the prices on the menu, and consumers are routinely at risk for falling ill. Rarely considered, but ever present, are the real risks for New Yorkers who dine out, whether it be at a neighborhood bistro or an upscale and refined tea. While the legal issues that may come into play in your next restaurant visit appear to be about negligence, the obvious question of negligence if you are poisoned by a restaurant’s food is but one potential problem diners can face when they go out to eat.
The larger issue is inconsiderateness, arrogance, and an utter disregard in the kitchen and the front of the house towards diners they put at such risk. From a lay person’s perspective, the Plaza’s conduct in the instance reported to us is reflective of a company running scared when good manners are their best defense against litigation. So for all of those restaurants that would prefer to bully the patron as to their creditability, our office will be happy to assist them in the retention of counsel, but it is likely their costs will exceed the tab the customer paid.
EOLIS consultants advise clients as to when they may have an immediate need for negligence counsel, explaining that there are four elements that must be established. According to New York law firm Rottenstein LLP, in any matter in which you’re claiming negligence, you need to have the following four elements: (1) duty (2) breach of that duty (3) causation of harm, and (4) damages. If you get sick from food that you ate at a restaurant, these four elements can most certainly be established and you may be able to seek compensation for medical bills, lost wages during your illness and recovery, as well as for your pain and suffering.
In the Plaza teatime incident, if the customer had fallen ill, showing causation of harm would be a simple matter of snapping a cell phone picture of the insect, the server witness, and later, the dismissive maitre d’.
