Restaurant can be sued after unknowingly serving meat to devout Hindus

[strollingbones]

Finally, the Appellate Division examined the plaintiffs’ breach of express warranty claims, which were controlled by the Uniform Commercial Code. First, the court determined that the plaintiffs had establish sufficient evidence to demonstrate a warranty by the defendant that the samosas it provided were vegetarian. However, “[a] more difficult issue” was posed by the plaintiffs’ claims of consequential damages, i.e., emotional/spiritual injury requiring purification of their souls in India. The Appellate Division noted that to prevail, the plaintiffs had to prove that those damages were reasonably foreseeable. Ultimately, the Appellate Division reasoned that “ecause discovery has not commenced in this matter, we cannot determine what consequential damages were foreseen at the time of the sale of the samosas in the event of a breach. We thus reverse summary judgment on plaintiffs’ breach of express warranty claim and remand for further proceedings.”

they are simply debating damages

 

[Dr.Drock]

would you have the same opinion of jews suing for being feed lobster.....dietary laws are taken very seriously by many religions.....just because you do not understand or agree with the religion does not make it cuckoo.....

i think asking for money to go to india is a bit much but i think the cater has some obligations in this matter.

Yes.

Eating in a restaurant means you accept the fact that you might get the wrong thing. I have ordered something and ended up with something else on occasion. I always send it back. They should have inspected the stuff before they ate. If they cannot tell for themselves if something has meat in it they should not eat anything they do not prepare themselves.

EXACTLY

If you go to a restaurant assuming there's zero chance you'll get served the wrong thing, than you're an idiot.

If YOU think YOUR "soul" is going to be destroyed if you get the wrong order YOU should double check the food before eating it. That seems like common sense to me.

If I order a burrito from somewhere and I think my insides will explode if there's meat inside it, shouldn't I look in the tortilla before I chomp down?

 

[chanel]

There's a pizza place in our town that delivers the wrong order about half the time. We still continue to use them because they have good pizza. Now when the kids ask what I got I tell them "it's always a surprise!" Lol

 

[Dr.Drock]

There's a pizza place in our town that delivers the wrong order about half the time. We still continue to use them because they have good pizza. Now when the kids ask what I got I tell them "it's always a surprise!" Lol

What are you doing wasting time on here?


CALL A LAWYER!!! YOUR SOUL IS AT STAKE!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[Andaluz]

one thing about catering...when you have dietary restrictions in place....you damn well better be paying attention...what if they had served peanuts to a kid who was allergic....oopsie it was just a mistake...when you accept a contract with dietary restrictions you open yourself up to this type of lawsuit for not satisfying the contract.....you do understand there is a broken contract in place?

the clients paid for a service and expected a degree of service...how hard is this.....no meat? i would not have used animal byproducts ...you would go strictly vegan....making sure each ingrediant was vegan....no meat is not that hard..the caterer did not use the lowest degree of caution.

There you're suing because you can prove how much it costs to fix the person who was allergic to peanuts by looking at medical bills.

How do you prove the cost to "fix" the "souls" of the Hindus?

I've been to India and seen and smelled the Ganges. The idea that anyone could be purified by it is pretty ironic.

Frankly the lawsuit makes a mockery of the US legal system. Say sorry, offer them a free meal, without meat, and let the matter rest. Demanding the cost of flights to India is frivolous. Much as I might respect people's religious beliefs, no one suffered any physical harm and spiritual harm is impossible to monetize. Accidents happen but someone here is trying to profiteer from an honest mistake. It strikes me that these people would be given pretty short shrift if they tried to make the same case in India or other Hindu countries.

Oh, and yes, I'd say the same for a Jew being served lobster by mistake, or a Moslem being served pork. An apology should be sufficient, with a gesture of good will leaving everyone happy.

 

[daveman]

one thing about catering...when you have dietary restrictions in place....you damn well better be paying attention...what if they had served peanuts to a kid who was allergic....oopsie it was just a mistake...when you accept a contract with dietary restrictions you open yourself up to this type of lawsuit for not satisfying the contract.....you do understand there is a broken contract in place?

the clients paid for a service and expected a degree of service...how hard is this.....no meat? i would not have used animal byproducts ...you would go strictly vegan....making sure each ingrediant was vegan....no meat is not that hard..the caterer did not use the lowest degree of caution.

You might have a case for breach of contract if that is what happened. They went to a restaurant and were served from the regular menu. Somebody screwed up, and even the Hindus that were interviewed for the story thought this was nothing more than a shakedown.

I would think the best they could sue for materially was the cost of the food. Even then, they accepted a replacement vegetable item right after, which was provided at no extra cost. That shows the vendor tried to make good on the agreed purchase.

I like Daveman's idea of shipping over some ganges water. Would be a good compromise.

"Okay, you guys stand right here. Evergreen 1102, targets are at coordinates. Release at will."

 

[LumpyPostage]

How does a restaurant not know what it's serving?

 

[Lokiate]

would you have the same opinion of jews suing for being feed lobster.....dietary laws are taken very seriously by many religions.....just because you do not understand or agree with the religion does not make it cuckoo.....

i think asking for money to go to india is a bit much but i think the cater has some obligations in this matter.

Or they could have looked at what they were about to eat. Seriously, how does someone not tell the difference between meat, and not meat? The way I see it, they're just looking for a free ticket to India, and don't care about putting the restaurant owner out of business.

 

[Dr.Drock]

How does a restaurant not know what it's serving?

It was a simple mistake of bringing the right food to the wrong table, in other words they got someone else's order.



Happens every day, every hour, probably every minute at food chains/restaurants around the US.

 

[Lokiate]

It's a simple mistake on the restaurants part, and now they have to pay for some greedy cheapskates tickets to India because they claim they didn't know they were eating meat..