CH. 12
1. Describe the Uniform Commercial Code and how it relates to selling food. Include discussion of the two tests to determine whether a foodservice establishment is liable to a guest for damages related to eating the food (write full sentences in paragraph form and include details from Chapter 12 in your own words to support your statements in every posting).
2. Describe three specific strategies staff at a restaurant can take to reduce liability with regard to the food they serve and how they serve it (write full sentences in paragraph form and include details from Chapter 12 in your own words to support your statements in every posting).
3. Discuss five key areas that should be addressed when training staff to serve alcohol responsibly (write full sentences in paragraph form and include details from Chapter 12 to support your statements in every posting).
To earn points, submit well-developed postings before the due date. Apply details, lessons, and examples from the assigned textbook chapter in every posting (interpreted in your own words).
CH. 13
1. Discuss three potential liability issues for travel agents, and how each issue can be handled proactively to reduce liability (write full sentences in paragraph form and include details from Chapter 13 to support your statements in your own words in every posting).
2. Describe at least three legal issues that would be considered unique to the transportation industry and some strategies to manage those issues proactively (write full sentences in paragraph form and include details from Chapter 13 to support your statements in your own words in every posting).
3. Describe how the gaming industry is regulated, three potential liability issues related to gaming, and how to manage each issue proactively (write full sentences in paragraph form and include details from Chapter 13 to support your statements in your own words in every posting).
To earn points, submit well-developed postings before the due date. Apply details, lessons, and examples from the assigned textbook chapter in every posting (interpreted in your own words).
ch121.pdf
ch131.pdf
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Chapter 12 Your Responsibilities When Serving Food and Beverages
Images used under license from Shutterstock.com
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Your Responsibilities When Serving Food and Beverages
Serving Food Truth-In-Menu Laws Serving Alcohol
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
In This Chapter, You Will Learn: 1. A foodservice establishment’s responsibilities,
under the Uniform Commercial Code (UCC) and other laws to serve wholesome food and beverages.
2. To apply “truth-in-menu” concepts to the service of food and beverage products.
3. To assess the current legal risks associated with serving alcohol.
4. To implement training programs that result in the responsible service of alcohol.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Food
Uniform Commercial Code (UCC)
Implied Warranty of Merchantability
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Food
Legalese: Merchantable – Suitable for buying and
selling.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Food
Legalese: Foodborne Illness – Sickness or harm
caused by the consumption of unsafe foods or beverages.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Liability Tests
Foreign/Natural Test
OR
Reasonable Expectation Test
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.1 Harry Dolinski was the Executive Chef at the
Regal House hotel. One of his specialties was a hearty vegetable soup that was featured on the lunch buffet every Thursday. Pauline Guilliard and her friends decided to have lunch at the Regal House one Thursday before attending an art exhibit. Ms. Guillard read the lighted menu at the front of the buffet line. The chef’s specials, including the vegetable soup, were written on the menu with a felt-tip pen.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.1 Ms. Guilliard selected the
vegetable soup and a few other items and consumed one full bowl of the soup. Three hours later, at the art exhibit, she suffered seizures and had difficulty breathing. It turned out that the soup contained MSG – a food additive to which she has severe reactions. Ms. Guilliard recovered, but her attorney contacted the hotel with a demand letter seeking compensation for her suffering.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.1 The hotel’s attorney replied that the soup
served by the hotel was wholesome and that Ms. Guillard’s reaction to the MSG could not have been reasonably foreseen. In addition, the hotel maintained that MSG is a common seasoning in use worldwide for many years. Thus, it would have been the diner’s responsibility to inform the foodservice operation of any allergies or allergic reactions. As a result, the liability for Ms. Guillard’s illness was hers alone.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.1 1. Did the hotel have an obligation (or duty as
outlined in Chapter 9, “Your Responsibilities as a Hospitality Operator”) to notify guests that the soup contained MSG?
2. How do you think a jury would respond to this situation? What level of damages, if any, do you think a jury would be inclined to award in this case?
3. What should the chef do to avoid similar problems in the future?
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Steps to Take When a Guest Complains of Foodborne Illness
1. Document the name, address, email address, and telephone number of the guest who complains of an illness as well as the date and time the guest patronized your facility.
2. Document all items eaten in your facility by the guest during the visit in question.
3. If provided by the guest, obtain the name and address of the physician treating the guest. If the guest has not contacted a physician, encourage him or her to do so.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Steps to Take When a Guest Complains of Foodborne Illness
4. Contact the physician to determine if in fact a case of foodborne illness has been diagnosed. Privacy laws may prohibit the doctor from providing such information.
5. Notify the local health department immediately if a foodborne illness outbreak is confirmed, so the staff there can assist you in determining the source of the outbreak and identifying affected guests and employees.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Steps to Take When a Guest Complains of Foodborne Illness 6. Evaluate and, if necessary, modify your training and
certification efforts that relate to the areas involved in the incident.
7. Document your efforts and notify your attorney, your public relations specialist and/or company risk manager.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.2 Penny Mance was a single mother of three
children living in an urban apartment complex. She worked as a paralegal in a downtown attorney’s office. One morning, Ms. Mance was asked to come in to work an hour later than her usual time. She used the opportunity to treat her three children to breakfast at a fast food restaurant near their home.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.2 The Mance family arrived at the restaurant at 8:00 A.M. and ordered breakfast. For their beverage selections, Ms. Mance ordered hot chocolate and the children selected orange juice.
After the family sat down, Tina, Ms. Mance’s six-year-old daughter, told her mother that she wanted to try the hot chocolate. The beverage had been served in a Styrofoam cup with a plastic lid. Ms. Mance replied that the chocolate was “probably too hot for her to try.”
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.2 This comment was overheard by several guests sitting near the Mance family. Tina reached for the chocolate anyway; her mother, while trying to pull the chocolate away, spilled it on her own hands. Ms. Mance suffered second- and third-degree burns from the hot chocolate and was forced to miss work for three weeks. Upon returning, her typing speed was severely reduced as a result of tissue scarring on her left hand.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.2 Ms. Mance retained one of the attorneys
where she worked to sue the fast-food restaurant. In court depositions later on, it was estimated that the chocolate was served at a temperature of 190 degrees Fahrenheit. The restaurant’s attorney claimed the chocolate was not unsafe when it was served. He pointed to the fact that Ms. Mance knew the beverage was probably too hot for the child as an indication that she was willing to accept the risk of drinking a hot beverage.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.2 In addition, the restaurant’s attorney maintained that it was the child’s action, not the restaurant’s, that was the direct cause of the accident. Undeterred, Ms. Mance’s attorney sued for damages, including medical expenses, lost wages, and a large amount for punitive damages.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.2 1. Did the restaurant act negligently in the serving of
the hot chocolate? 2. Do you think that Penny Mance was negligent? If
so, how much difference, if any, do you believe that her negligence would make in the size of the jury’s award?
3. Who should the restaurant manager and company look to for guidance on proper serving temperatures and techniques? Could you defend this source in court?
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Truth-in-Menu
Legalese:
Truth-in-menu laws – The collective name given to various laws and regulations that have been implemented to ensure accuracy in the wording on menus.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.3 Jeffery and Latisha Williams
arranged a fiftieth anniversary party for her parents. They reserved a private room at The Tannery, an upscale steak and seafood house located two miles from their suburban home. The Williams hosted a total of 10 people. Unfortunately, the service they received from the restaurant staff was not very good.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.3
When the check arrived, Mr. Williams noticed that a 15 percent charge had been added to the total price of the bill. When he inquired about the charge, his server informed him that it was the restaurant’s policy to assess a 15 percent “tip” to the bill of all parties larger than eight persons.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.3
The policy, explained the server, was not printed on the menu but was to be verbally relayed anytime a guest made a reservation for more than eight people. Mr. Williams replied that the reservation was made by his secretary, and she mentioned no such policy when she informed Mr. Williams of the restaurant’s availability.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.3
Mr. Williams refused to pay the extra charge claiming that it should be he, not the restaurant, to determine the amount of the gratuity, if any. When the restaurant manager arrived on the scene, he informed Mr. Williams that the server had misspoken and that the extra charge was in fact a “service charge,” and not a tip. Mr. Williams still refused to pay the added charge.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.3
1. Does Mr. Williams owe the extra 15 percent to the restaurant?
2. Does it matter whether the surcharge is called a gratuity or a service charge? How would that be determined?
3. What should the restaurant do to avoid similar problems in the future?
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Truth-in-Menu Preparation Style Ingredients Origin Size Health Benefits
Nutrient Claim Health Benefit Claim
General Nutrition and Obesity
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Truth-in-Menu Preparation Style
Grilled Homemade Fresh Breaded Shrimp Kosher-style Kosher Baked ham
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Search the Web 12.1 Log on to the Internet and enter www.bk.com 1. Select: BK Cares at the bottom of the page. 2. Select: Nutrition Information. 3. Answer the following:
a. What are the 12 nutritional categories about which this company supplies information?
b. Do you think restaurateurs have a duty of care to provide this level of nutritional information? Why or why not?
c. What do you think the future holds for the level of nutritional information that foodservice operators will be required to supply?
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Alcohol Privilege of Alcohol Service
Legalese: Depressant – A substance that lowers the
rate of vital body activities.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Alcohol Privilege of Alcohol Service
Legalese: Blood Alcohol Concentration (BAC) – A
measurement, expressed in a percentage, of the concentration level of alcohol in the bloodstream. Also known as “blood alcohol content” or “blood alcohol level” (BAL).
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Alcohol Privilege of Alcohol Service
Effects of Increasing BAL (or BAC)
BAL Level Effect .06 -.10 Significant decrease in reaction time and visual
abilities .11 -.15 Slurred speech and volatile emotions .22 -.25 Staggering, difficulty talking, blurred vision .40 Induced coma .50 Cessation of breathing and heart failure
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Alcohol Privilege of Alcohol Service
Legalese: Intoxication – A condition in which an
individual’s BAC reaches legally established levels. These levels are not uniform across the United States. An intoxicated person may not sell or purchase alcohol, nor operate a motor vehicle.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Alcohol Licensing of Alcohol Service
Legalese:
Liquor License – A permit issued by a state that allows for the sale and/or service of alcoholic beverages. The entity holding the license is known as the licensee.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Alcohol Licensing of Alcohol Service
Legalese: Liquor Licensee – An entity which has
been issued a liquor license by the proper state authority.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Alcohol Licensing of Alcohol Service Two general types of liquor licenses:
Licenses for on-premises consumption (required for restaurants, taverns, clubs, etc.)
Licenses for off-premises consumption (required for liquor stores and another markets that sell alcohol).
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Serving Alcohol Liability of Alcohol Service
Legalese: Third-Party Liability – The two areas of liability theory that a hospitality manager should be aware of focus on the duties of a host who holds a party where alcohol is served, and that of an establishment licensed to sell alcohol.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Liability of Alcohol Service
Legalese: Dram Shop – A name given to a variety of
state laws establishing a liquor licensee’s third-party liability.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.4 Mark Hadley entered the Squirrel Cage
Tavern at 4:00 P.M. on a Thursday afternoon. He sat down at the bar and, according to eyewitnesses, uttered just a single word when approached by the bartender. The one word was “draft.”
As the bartender had only one brand of beer on draft, so she silently pulled the beer, handed it to Mr. Hadley, and accepted the $5 bill he offered in payment.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.4
Mr. Hadley left the bar some 15 minutes later having never said a word to anyone, leaving the change from his $5 on the bar counter.
Subsequently, Mr. Hadley was involved in an auto accident in which a 10-year-old boy was rendered sightless. The boy’s parents sued the Squirrel Cage Tavern and another operation, the Dulcimer Bar.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.4 The Dulcimer Bar was sued because Mr.
Hadley had consumed 10 beers in three hours at that establishment prior to leaving it and driving to the Squirrel Cage.
Attorneys for the Squirrel Cage argued that their client could not have known of Mr. Hadley’s condition when he entered their establishment, and that they were indeed acting responsibly in that they served him only one beer.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.4
Attorneys for the injured boy countered that the Squirrel Cage served alcohol to an intoxicated person, a violation of state law, and thus under the state’s dram shop legislation was responsible for Mr. Hadley’s subsequent actions.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.4 1. Did the Squirrel Cage violate the liquor laws
of its state? 2. Did the Squirrel Cage bartender act
responsibly in the service of alcohol to Mr. Hadley? Did she act differently from bartenders in similar situations?
3. What should the owner of the Squirrel Cage do in the future, if anything, to minimize the chances of a reoccurrence?
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Training for Responsible Alcohol Service
Popular training courses include:
ServSafe Alcohol Training & Certification Controlling Alcohol Risks Effectively (CARE) Training for Intervention Procedures (TIPS)
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Training for Responsible Alcohol Service
Review the training program to ensure that it: 1. Is an approved training course. 2. Explains the nature of alcohol’s absorption
into the bloodstream. 3. Extensively instructs servers in the
methods of checking for legal identification, as well as for spotting false IDs.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Training for Responsible Alcohol Service
Review the training program to ensure that it: 4. Emphasizes early intervention when
confronted with possible overconsumption by guests.
5. Provides for documentation of training effectiveness.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.5 Michele Rodgers entered the
Golden Spike Bar and Grill on a Friday night at approximately 10:30 P.M. At the door, she was stopped briefly by the bar’s security guard, Luis Sargota. He inspected Ms. Rodger’s photo ID, as he had been trained to do during the one-hour orientation class he attended on his first day of work.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.5
The photo ID on the picture showed her age to be 21 years and three months. The photo on the picture ID was clearly her own. She was not asked to remove the ID from her wallet. Ms. Rodgers entered the bar and, over a period of three hours, consumed five fuzzy navel drinks, each containing approximately 1.5 ounces of 80 proof alcohol served with fruit juice.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.5
Upon leaving the bar at 1:30 A.M., Ms. Rodgers was involved in a traffic accident that seriously injured a man driving home after working the late shift at a local factory. The family of the injured man sued Ms. Rodgers and the Golden Spike when it was discovered that Ms. Rodgers was in fact only 20 years old, and thus was not of a legal age to drink alcohol.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.5 The attorney for the Golden Spike maintained
that the bar acted responsibly in that it trained its security guards to check for identification prior to allowing admission to the bar and that Ms. Rodgers had presented a falsified identification card that the bar could not reasonably have known was false. In addition, the security guard stated that Ms. Rodgers “looked” at least 21 when she entered the bar. Thus, the bar was not guilty of knowingly serving minors.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.5
1. Is the bar responsible for illegally serving Ms. Rodgers? Was she served excessively?
2. Do you think a jury would find one hour of orientation sufficient in the guard’s training?
3. What could the owners of the Golden Spike do in the future to prevent a reoccurrence such as this?
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.6
Samuel Vosovic attended a reception in the ballroom of the Altoona Pike Country Club. He was a salesman for a photography studio, and he attended the reception at the invitation of Ronald Thespia, one of the club’s well-known members. Mr. Thespia’s company sponsored the reception, which consisted of light hors d’oeuvres and an open bar.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.6 Over the course of two and one-half hours, it
was determined that Mr. Vosovic consumed approximately nine drinks. The reception was large enough to require three bartender stations in the room. No single bartender served Mr. Vosovic more than three drinks in the course of the evening. Lea Tobson, one of the club’s bartenders did finally detect a significant change in Mr. Vosovic’s behavior and, when Mr. Vosovic requested another drink, refused to serve him and summoned a manager.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.6 The club’s food and beverage director determined
that Mr. Vosovic was in all likelihood intoxicated. The director asked him to turn over his car keys, and then instructed one of the club’s wait staff to drive Mr. Vosovic home, give the car keys to his wife, and take a cab back to the club. One hour after being taken home, Mr. Vosovic got back behind the wheel of his car and still intoxicated, lost control of the vehicle and crashed into a tree, and he died instantly.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.6 His wife brought suit
against the country club under dram shop legislation in her state.
The club responded that it had acted responsibly in both refusing to serve Mr. Vosovic, and in ensuring that he got home safely.
© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved
Analyze the Situation 12.6
Mrs. Vosovic replied that her husband was upset at hi
Interested in getting help with this assignment?
Get a professional writing team to work on your assignment!
Order Now
Recent postsFor this final assignment, you will prepare a brief paper detailing the steps undertaken to complete a presentation that disseminates information you assemble
Please choose to answer only one of the 2 following questions. Option 1: In your opinion and based on scientific, peer-reviewed published evidence, does child
At the beginning of the previous academic year, the institution announced it would drop football at the conclusion of the season. The announcement created pub
you will review current research in Personality and provide a critical evaluation of that personality research through an annotated bibliography. An annotated
In Module 5, we considered the third in our three-part series on research design. Specifically, the focus was on the longitudinal studies, in which the resear
Need help with a similar or different Task?
We have the best writers to help you. Hire Writer Now
