Hotter than Negligence: Donoghue v Stevenson plus one

Tuesday 19 October 2010 @ 9.35 a.m. | Torts, Damages & Civil Liability

If you thought it interesting that "snails in a bottle" can create whole new areas of law like negligence then it may amuse that passing the hot sauce in a restaurant without advising as to its temperature can be an even bigger liability.

In an article called "Lawsuit of the Day: Kid Injured by 'Deleterious' Hot Sauce" Legal Blog Watch has reported on a lawsuit where it is being contended that the waiter should have warned about the extreme heat of the chili sauce supplied with its burgers or "as worded in the complaint, a 'deleterious substance' that waiter ... failed to warn ... 'contains ingredients 500 times hotter than a jalapeno chili."

Do you think there is a duty to advise about the nature in terms of heat, spice level etc, of food products like hot sauce?