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RISK MANAGEMENT

Points to Remember

An estimated 15 million Americans have food allergies .
Understanding the basics of food allergies is key to reducing liability .
When a guest informs restaurant staff that he or she has a food allergy, we will provide the guest with
a list of ingredients used .
During hours of operation, our restaurant will have at least one manager on duty, who can handle
questions and special requests from guests with food allergies . Employees are to direct questions about
food allergies to that manager .
If a guest is having an allergic reaction, call 911 and get medical help immediately!

Reducing Liability

Allergens are a liability risk . Understanding the basics of food allergies and how a reaction can be avoided is key
to reducing liability .
Provide complete information about the ingredients in the menu selections . Upon request, employees should reveal
ingredients that contain allergens, even if the ingredients are considered part of a “secret recipe .” Failing to disclose
this information would expose the restaurant to potential liability if a guest who has a food allergy eats the food
and has a reaction . In fact, lawsuits have been filed against restaurants when guests were given misinformation or
incomplete information about ingredients used in a dish .
Ensure that correct food handling procedures are followed . Restaurants have been held responsible for allergic
reactions resulting from cross-contact between foods after a server was notified of a food allergy . In one example, a
family explained that their child had an allergy to shellfish . The restaurant served the child french fries that had been
prepared in the same oil used to fry shellfish . The child had an allergic reaction, and the family sued the restaurant .
In addition to compensatory damages (which typically cover the cost of medical expenses plus compensation for pain
and suffering), a restaurant could be held liable for punitive damages if a court finds that a restaurant’s actions showed
reckless disregard for the guest's safety . Punitive damages, when awarded, often exceed the amount of compensatory
damages .

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Revised November 2016 7