What rights do I have as a customer if a fast food restaurant employee spits in my food?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights do I have as a customer if a fast food restaurant employee spits in my food?
The manager at the restaurant acknowledged the incident and refunded my monies but said anything additional would be a civil suit.
Asked on January 6, 2016 under Personal Injury, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You could try to press charges against the employee for assault, but that's about all you could do:
1) Spitting in your food is a criminal act, and employers are not responsible, except in special circumstances that do not seem to apply, for the criminal acts of their employees, since criminal acts are beyond the scope of employment; therefore, the restaurant should not be liable.
2) Even if the restaurant were liable, or if you wanted to sue the employee him/herself, you also have to have damages (injuries, costs, losses, etc.): the law only provides compensation for actual harm (and not just emotional upset) you suffer, so if you were not harmed, you're not entitled to compensation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.