You may have already heard of a recent lawsuit filed against Walt Disney Parks and Resorts prompted by the parents of a 4 year old child who was burned by nacho cheese that was allegedly served at an unsafe temperature. Many of you are probably reminded of the McDonald's hot coffee law suit. But before you think this is "ridiculous", let's discuss this case and the related to how a restaurant may serve food.
This young child was burnt by the nacho cheese that was placed in a paper cup. To keep from falling from an unstable chair, the young child grabbed onto the food tray holding the cheese. After grabbing onto the food tray, the cheese splashed onto the child's face.
According to the family's attorney, the cheese began to cause immediate burns on contact. As such, the lawsuit alleges that the cheese was served at an unsafe temperature and that the child has sustained permanent scarring.
So what duty do restaurants have to their patrons?
In Florida, when a diner orders and pays for food at a restaurant, "there is a sale of such of food, and there exists an implied warranty that the food so sold is reasonably fit for human consumption." Zabner v. Howard Johnson's, Inc., 201 So. 2d 824, 827 (Fla. 4th DCA 1967). This warranty arises because the consumer by ordering the food provides notice to the seller of the particular purpose for which the food is required and as such relies on the seller's skill and judgment in preparing such food. Id.
Here, it appears that the cheese was not reasonably fit for human consumption because it allegedly caused immediate burns on the child's face. When ordering a hot meal, its reasonably expected that the meal will be served at a hot or warm temperature. However, its not reasonably expected to be served so hot that it causes immediate burns upon contact. Food that is served at such temperature breaches the implied warranty that arises with the sale of foods.
If you have been injured in an accident, or food poisioning, please contact our office today for an initial free case evaluation and to discuss your rights.
