Restaurant Food Poisoning: Are You Liable?

restaurant food poisoningFood poisoning, or a foodborne illness, is a sickness caused by eating food that has been contaminated with bacteria, viruses, parasites or toxins. In the United States, there are more than 3 million cases per year.

The most common types of food poisoning are:

Salmonella – a type of food poisoning caused by Salmonella bacteria found in undercooked beef, raw or lightly cooked eggs or unpasteurized milk.

Norovirus – an infection of the stomach and intestines caused by contaminated produce, shellfish, or ready-to-eat foods, such as salads, sandwiches, or fruits.

Campylobacter – a type of food poisoning caused by raw or undercooked poultry, unpasteurized milk, or contaminated water.

E.coli – While most E.coli bacteria are harmless, some do have the ability to make you sick. Depending on the type, sufferers can experience bloody diarrhea, kidney failure, and even death. Like many foodborne illnesses, E.coli is contracted by eating contaminated foods.

Is my restaurant liable for food poisoning?

In the hospitality industry, restaurants are not only responsible for making sure their food is prepared according to their patrons’ specifications, but they are also responsible for ensuring their food is safe for consumption.

For example, if you have a patron make known to their server that they have a severe peanut allergy, it’s up to the cook and servers to make appropriate accommodations to that dietary specification.

If the cook accidentally uses the same knife used to cut a peanut butter and jelly sandwich to cut a ham a cheese sandwich, that cross-contamination can result in that patron being rushed to the hospital for a severe allergic reaction.

This makes you liable for all medical expenses and damages awarded to the plaintiff should they choose to sue your restaurant. Hence, it’s important that you have comprehensive coverage in place should a situation like this arise.

ServSafe Certification

While it’s important to have the proper coverages in place, it’s also equally important to acquire and practice proper food handling practices.

This is why many restaurant owners require their employees to be ServSafe certified by the National Restaurant Association (NRA).

Each course covers the basics of foodborne illnesses, including specific pathogens, toxins, allergens and proper handling techniques that can be practiced to avoid food poisoning situations.

You can also emphasize these practices in your restaurant by having regular training and posting signs reminding employees of the following:

  • Wash your hands and all equipment after handling uncooked food
  • Practice proper personal hygiene (ex. wearing hairnets, washing hands)
  • Thoroughly cook meats and other raw items all the way through
  • Keep uncooked meats and ready-to-eat foods stored separately
  • Observe expiration dates on all perishable items

Need hospitality insurance for your restaurant? Give Brian Kilcoyne a call at 617-612-6515 or email him at briankilcoyne@hkinsurance.com