A German Tourist sued a taquería over ‘excessively’ spicy wares. At first, it appeared this claim the plaintiff would be resolved in favour of the plaintiff. But the Judge in the New York City non-jury trial surprised just about everyone – siding with the resto!
That’s right. Justice served the tacquero and punished the plaintiff. If you take previous fast Food lawsuits as examp-les, that’s not supposed to happen!
Take, for instance…
The tale of the lady who spilled a cup of McDonald’s coffee in her lap while driv-ing away from the restaurant. She suf-fered serious burns. And claimed in court that the resto had failed to warn her that the beverage was hot.
Immediately, fans and many other folks came to the resto’s defence, pointing out that coffee is supposed to be hot.
But the jury in the case decided that it shouldn’t be THAT hot. Unless the resto posts appropriate warnings.
Ripples in the pond…
That trial was the first that garnered widespread media coverage and consumer awareness. It’s outcome spread like ripples on a pond through not only the Fast Food sector, but the entire restaurant industry.
It’s also inspired many other folks with beefs against Fast Food purveyors to bring lawsuits of their own in the years that have followed. And the vast majority of those have either been decided in favour of the plaintiff, or settled out of court…
Something a little different…
German Tourist Faycal Manz, visiting NYC, ordered an unremarkable meal at a small taquería. He ap-parently enjoyed it, until he tried the salsa that came with it. Which he claimed burned his mouth, leaving his tongue with blisters.
He subsequently filed suit against the restaurant, Los Tacos No. 1, claiming,$100,000 in damages after he allegedly experienced, “gastrointestinal problems, high blood pressure and emotional distress.”
I can see how a European person – who could be expected to have little or no experience with Tex-Mex cuisine, and spicy foods in general – might not be prepared for the NYC-Mex experience.
But I also believe that the restaurant had every right to assume that any customer who came in and ordered something that was meant to be spicy would realize it was going to be spicy before chowing down.
Bravo, Judge Ho!
And… To the surprise and delight of many, Judge US District Judge Dale Ho last month sided with Los Tacos No. 1, writing in an opinion that spiciness, “is often the point,” of salsa.
It also came out at trial that Manz, “added two types of salsas from the restaurant’s self-service area to his tacos,” USA Today reported.
My take
So, in reality, Manz had no one to blame for his misfortune but himself.
There’s still hope for the survival – and, hopefully, a revival – of common sense, yet!
~ Maggie J.