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Started By
Message
OT Lawyers: Restaurants that make you sign a waiver for food items.
Posted on 9/10/25 at 10:36 am
Posted on 9/10/25 at 10:36 am
Usually found in restaurants that have extremely spicy items.
Is this just a novelty or is there really some legal recourse here?
Wouldn’t paying for the meal be your “contract” that you wanted the food and ate it willingly?
Is this just a novelty or is there really some legal recourse here?
Wouldn’t paying for the meal be your “contract” that you wanted the food and ate it willingly?
15
Posted on 9/10/25 at 10:38 am to DustyDinkleman
Novelty (for the most part)
This post was edited on 9/10/25 at 10:39 am
Posted on 9/10/25 at 10:38 am to DustyDinkleman
After the McDonald's coffee incident, yea i'd say there is some recourse here, even when you are supposed to assume something is very spicy. People will do a lot of things to try and scam some money out of people. From the restaurant perspective, more of a peace of mind type thing than anything else, but you better believe someone would try suing if they could.
This post was edited on 9/10/25 at 10:40 am
Posted on 9/10/25 at 10:40 am to DustyDinkleman
Don’t let your mouth write checks your rectum can’t cash.
Posted on 9/10/25 at 10:40 am to DustyDinkleman
quote:
OT Lawyers: Restaurants that make you sign a waiver for food items.
I'm not a lawyer, but I would imagine that's mostly limited to the types of items that are known to have potential risks.
like raw oysters on the half shell type stuff.
I know most have a disclaimer of some sort on the menu informing that raw shellfish can cause health issues.
Posted on 9/10/25 at 10:42 am to DustyDinkleman
If I have to get in a legal wrangle, nope. Not a place I need to be. 
Posted on 9/10/25 at 10:48 am to DustyDinkleman
Novelty, maybe make people think twice about sending it back or saying they wont pay.
Posted on 9/10/25 at 10:49 am to DustyDinkleman
quote:
Restaurants that make you sign a waiver for food items.
Never seen this
Posted on 9/10/25 at 10:49 am to DustyDinkleman
Ya'll sue us for everything you can. You got drunk and tripped and fell? Our fault. You couldn't see past your to go box and fell? Our fault. My last one the guy said he walked by two wet floor signs in his deposition. What they know is that it is cheaper to settle than beat them in court. So they get paid, the lawyer gets paid, our premiums go up, and so do the menu prices
Posted on 9/10/25 at 10:51 am to jmarto1
But what about making your business safe for the community and putting people over profits
/s
/s
Posted on 9/10/25 at 10:53 am to DustyDinkleman
What, you think they're gonna serve you the Carolina Reaper Pufferfish Sandwich without you signing the waiver? Think again.
Posted on 9/10/25 at 10:54 am to DustyDinkleman
Waivers in general are completely worthless at things like restaurants, theme parks, outdoor attractions and rides etc.
This post was edited on 9/10/25 at 10:55 am
Posted on 9/10/25 at 10:54 am to DustyDinkleman
Liability waivers in Louisiana, generally, are not enforceable.
That said, if you go to a restaurant that markets itself as having "the world's hottest pepper" or something along those lines, and you go there to order that pepper, and eat that pepper, you are most certainly assuming some risk.
I think my favorite attempt at a waiver of liability is Airline Skate Center's:
It means that YOU, Airline Skate Center (not an insurance carrier) will be directly responsible for any costs.
That said, if you go to a restaurant that markets itself as having "the world's hottest pepper" or something along those lines, and you go there to order that pepper, and eat that pepper, you are most certainly assuming some risk.
I think my favorite attempt at a waiver of liability is Airline Skate Center's:
quote:Funny enough, not carrying your own liability insurance means the exact opposite of what they're claiming
Airline Skate Center, Inc. does not have accident insurance. This means that we cannot be responsible for any medical expenses you might incur if you are involved in a skating accident. When you purchase your admission ticket you are acknowledging the assumption of risk that skating accidents do occur when groups of people roller skate together. Follow these rules to ensure a fun, safe skating sessions. Please skate carefully and safely!
It means that YOU, Airline Skate Center (not an insurance carrier) will be directly responsible for any costs. This post was edited on 9/10/25 at 10:56 am
Posted on 9/10/25 at 10:57 am to NIH
quote:
But what about making your business safe for the community and putting people over profits
What do you suggest I do with people tripping over their own feet?
Posted on 9/10/25 at 11:02 am to jmarto1
I was kidding
Posted on 9/10/25 at 11:08 am to DustyDinkleman
I’ve never ever seen this
Posted on 9/10/25 at 11:16 am to GoCrazyAuburn
quote:
McDonald's coffee incident
Often cited, rarely understood.
Posted on 9/10/25 at 11:19 am to DustyDinkleman
You can sue anyone for any reason anytime. If you can find an attorney that will take the case.
Posted on 9/10/25 at 11:21 am to DustyDinkleman
The first thing a lawyer will say in court is that the restaurant knew it was dangerous as evidence of the fact that they made you sign a waiver and that’s not normal for food.
This post was edited on 9/10/25 at 11:50 am
Posted on 9/10/25 at 11:26 am to N2cars
Correct. It became the poster child for frivolous lawsuits but it was not frivolous at all, it was very legitimate.
McDonalds was warned on numerous occasions by a variety of industry experts, including their own hired experts, that they were well outside the industry standard and what they were doing was dangerous. They ignored years of repeated warnings and took absolutely zero steps to mitigate anything
McDonalds was warned on numerous occasions by a variety of industry experts, including their own hired experts, that they were well outside the industry standard and what they were doing was dangerous. They ignored years of repeated warnings and took absolutely zero steps to mitigate anything
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