In January 2001 a New York man attended a family birthday party at a Benihana re
ID: 466806 • Letter: I
Question
In January 2001 a New York man attended a family birthday party at a Benihana restaurant, where chefs, while cooking at the table routinely throw pieces of food for diners to catch with their mouths. The man wrenched his neck while ducking a piece of flying shrimp, requiring treatment by several doctors. By that summer, doctors determined surgery was necessary to treat numbness in his arm. Five months after surgery, he checked into the hospital with a high fever and died. The family sued Benihana for $10 million in damages, claiming that the fever was the result of surgery, which in turn was the result of the chef's actions in throwing food at diners. Do you believe that Benihana should be liable for the man's death? Why or why not?
Explanation / Answer
In this case, Man's surgery might be because of chef's actions because while trying to catch food he got injured and that resulted in surgery but when it comes to his death that need not necessarily be because of Chef's action in the restaurant. As the Man checked into hospital after five months of his surgery, here there is more chance to think that its not because of the surgery. He might got fever for some other reason and that might resulted in his death. So Benihana should not be blamed for the Man's death. There are more chances for other reasons for his death.
On the other hand, as the practice of throwing food in Benihana restaurant resulted in Chronic injury for the Man this practice should be stopped. As it can also be life threatening experience for the customers, they should not encourage this type of practices in the restaurants. Though the Man's death might not be because of this practice but he has undergone chronic injury due to this, so this should be immediately stopped from being in the practice in that particular restaurant.
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