Global Journal of Social Sciences Studies

Volume 3, Number 2 (2017) pp 63-100 doi 10.20448/807.3.2.63.100 | Research Articles

 

Restaurant Liability for Contaminated Food and Beverages Pursuant to Negligence, Warranty, and Strict Liability Laws

Frank J. Cavico 1Bahaudin G. Mujtaba 2Stephen Muffler 3Marissa Samuel 4Nicolas- Michel Polito 5
1 Professor of Business Law and Ethics The H. Wayne Huizenga College of Business and Entrepreneurship Nova Southeastern University, USA
2 Professor of Management The H. Wayne Huizenga College of Business and Entrepreneurship Nova Southeastern University, USA
3 Attorney At Law Adjunct Professor of Business Law and Ethics The H. Wayne Huizenga College of Business and Entrepreneurship Nova Southeastern University, USA
4 Attorney At Law Part-Time Professor of Management The H. Wayne Huizenga College of Business and Entrepreneurship Nova Southeastern University, USA
5 The H. Wayne Huizenga College of Business and Entrepreneurship Nova Southeastern University, MBA. 2016 School of Business Fairleigh Dickenson University Master of Accounting, 2018 (expected), USA

Abstract

Managers, owners and employees of all food providers must make sure that their products are safe, wholesome, and unadulterated prior to selling them. They must all be experts in making, storing, selling, preparing, and serving food. Otherwise, they could hurt consumers and face lawsuits since foodborne illnesses are a serious problem in the United States and around the world. Each year, about 48 million people in the United States suffer from foodborne illnesses that are linked to Salmonella, Norovirus, Listeria, and E. coli. This article examines three legal liability theories of negligence, warranty, and strict liability that are linked to contaminated food and beverages provided by restaurants. The authors end with recommendations to restaurant owners, employers, and managers on how to avoid liability by going above and beyond the law to provide quality food and beverages.

Keywords

Contamination Negligence Warranty Strict liability.

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