governments have begun to initiate regulations for foodservice providers, focus-
ID: 372263 • Letter: G
Question
governments have begun to initiate regulations for foodservice providers, focus- ing on preventing allergic reactions. For example, the Food Allergen Labeling and Consumer Protection Act, which became effective in 2006, requires the labeling of foods that contain major allergens, such as milk, eggs, fish, shellfish, peanuts, tree nuts, wheat, and soy. These ingredients must be disclosed, even if they are used in ANALYZE THE SITUATION 12.2 PENNY MANCE WAS A single mother of three children living in an urbarn apartment complex. She worked as a paralegal in a downtown attorney's office. One morning. Penny was asked to come into work an hour later than her usual time. She used the opportunity to treat her three chil dren to breakfast at a fast-food restaurant near their home. The Mance family arrived at the restaurant at 8:00 A.M. and ordered breakfast. For their beverage selections, Penny ordered hot chocolate and the children selected orange juice After the family sat down, Tina, Penny'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. Penny replied that the chocolate was "probably too hot for her to try." 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. Penny 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 hano Truth in Menu Laws 345 Penny 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 degree Fahrenheit The restaurant's attorney claimed the chocolate was not unsafe when it was served. He pointed to the fact that Penny 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. In addition, the restaurant's attorney maintained that it was the child's action, not the restaurant's, which was the direct cause of the accident. Undeterred, Penny's attorney sued for damages, including medical expenses, lost wages, and a large amount for punitive damages. 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 Penny's negligence would make in the size of the jury's award? 3. Whom should the restaurant manager and company look to for guidance on property serving temperatures and techniques? Could you defend this source in court?Explanation / Answer
Answer- Restaurant management should keep a frequent a check on their food temperatures in order to maintain their good will. It is a negligent act to serve a hot chocolate which is so hot that it can cause third degree burns when spilled. Answer- Penny Mance was negligent in looking after her daughter Tina, who managed to reach the chocolate. Had Penny paid attention, the accident wouldn’t have happened. Also, when Penny knew that the hot chocolate is too hot to consume, she should have refused to accept it as it could be a safety threat. Answer-The Restaurant manager and the company should look for experts who can test the temperatures of the food being served to the customers in order to avoid such accidents. Such incidents will also leave a negative impact for the other customers thereby ruining the business.
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