Banana Foster Tort: Four Customers Burned By Flambé

There is an interesting torts case in Palm Harbor, Florida where four diners were burned by the banana foster at Ozona Blue Grilling Co. The waiter accidentally added too much rum to the bananas foster causing burns to the people around the table, including one severe burn case of a woman whose dress caught fire.

I have always been intrigued by the use of flaming dishes in restaurants due to the obvious legal liability issues. You add a flammable liquid to a plate on a small table with people seated closely around it.

While many states impose strict liability for adulterated foods, see e.g., Koster v. Scotch Assocs., 640 A.2d 1225, 1226 (N.J. Super. Ct. Law Div. 1993), such cases are usually handled in negligence. In this case, you appear to have a clear case of negligence by the restaurant and there is no implied or express waiver of liability. Indeed, the restaurant could not convincingly argue implied assumption since the consumer expects the dish to be presented in a reasonable and professional fashion.

The restaurant boasts that it is “the only restaurant with a pool and an ocean!!” That could come in quite handy with desserts at Ozona Grill.

Source: Huff Post

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