TKK Posted May 1, 2013 Share Posted May 1, 2013 No not me! Today I was talking to my gf about how restaurants are bad businesses, and how they can easily be sued. How can we cover our butts? I had a call last week on a crunch donut guy said it had like spider webs inside the donut a type of mold. He said he made himself throw it up. The donuts were NOT expired. Could something like that come back to us? Any of u guys have any experience in this? I would hate to work so hard for a business like this and all go to waste cuz someone got food poisoning off a poptart or broke a molar off a cornut. Can't u put a sign on the machines like buy at ur own risk Link to comment Share on other sites More sharing options...
mission vending Posted May 1, 2013 Share Posted May 1, 2013 Every business has risks associated with it you just have to manage it. Make sure you only sell we'll known recognized brands. Don't leave expired stuff in machines. Make sure product is handled properly. When you do have a problem own it and deal with it quickly. This last item will protect from more lawsuits than anything else. Pissed off people that are, or feel like they have been blown off are the ones that are going to Sue. At a minimum get at least 1M general liability policy. In Texas unless its taxes or fraud they can't touch your home or retirement accounts so unless you have lots of other assets you may or may not need to think about a LLC. Link to comment Share on other sites More sharing options...
AZVendor Posted May 1, 2013 Share Posted May 1, 2013 I doubt that any kind of disclaimer regarding food purchases could protect you as there are too many state and federal rules regarding the safe handling and manufacturing of food. The only thing you can do to protect yourself is to properly store and transport your products, rotate expired products out of machines before they expire, and carry business liability and completed products insurance. You should also have your phone number on each machine and a procedure in place for refunds. The quicker a customer can get their money back on an expired or bad product, the less likely they will be to make an issue of it. In the case of these bad donuts, you should try to get the remaining product and package by telling the customer you will give his money back, and another product of his choosing, as you want to inform your supplier of the product problem. Link to comment Share on other sites More sharing options...
moondog Posted May 1, 2013 Share Posted May 1, 2013 And pull the rest of those donuts Link to comment Share on other sites More sharing options...
Poplady1 Posted May 1, 2013 Share Posted May 1, 2013 If you purchase General Liability (it is a very good idea) be sure the policy has Products Coverage. It wouldn't help you at all if you had a suit and no products coverage. From my experience (I sold commercial insurance at one time) most product claims end up back at the mfg but all of the people involved in the chain of the product getting from mfg to consurmer are included in the suits. 'Potentially liable parties include: the product manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold the product to the consumer.' Quote from FindLaw Link to comment Share on other sites More sharing options...
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