That's the thought some may have in light of the news that a Toronto hotel asked a customer who ordered a medium-cooked burger to sign a waiver mitigating the creation of any foodborne illness liability claims.
The customer recently shared the story on Reddit and it quickly went viral. On Reddit alone, the post received more than 200 comments, many of which expressed some strongly negative opinions about the situation.
“I don't know why they feel the need to do everything well,” one said. Another said: “It seems like a joke.”
But this was no joke. As much as some of us love eating our delicious burgers medium or even rare, food safety experts have long said the safest way to prepare meat is to cook it fully. In Ontario, the Canadian province in which Toronto is located, there are guidelines in place that indicate the degree of doneness of a burger.
In a statement, a representative from Toronto Public Health said, “Food establishments that use alternative cooking methods or processes (i.e. serving burgers cooked at different internal temperatures) are required to demonstrate how their operations ensure that the food is safe for consumption.”
All of this clearly paved the way for a waiver at the institution in question, Hilton HLT,
toronto airport hotel and suites. A Hilton spokesperson said the waiver used language similar to warnings or advisories “you might see printed at the bottom of restaurant menus” regarding foods that carry risks.
“We are in the process of adding the disclaimer to our restaurant menus and will stop using the disclaimer,” the spokesperson added.
In the United States, warnings are commonly seen on restaurant menus regarding raw or undercooked meat and seafood (such as sushi), among other items. In fact, some state and local governments mandate these advisories. But exemptions are much less common, although some institutions apply them. In most cases, these situations involve menu items that are too spicy.
For example: Joella's, a chicken chain with locations in four states, offers Fire-in-da-Hole Chicken, made with a blend of ghost peppers and Carolina peppers, which promises an “instant, intense sear up front, with the flavors lingering.” . “And leave a lasting impression.” And yes, a waiver is required for those who order this product, as the chain says “spice lovers and thrill-seekers” sign up for it as a “badge of honor.”
Brine's, a chicken restaurant with locations in New York and New Jersey, serves a spicy DNE (don't eat) sandwich. It's so hot that the establishment requires customers to sign a waiver to order it.
Brine
Brine's, a chicken restaurant with locations in New York and New Jersey, has just joined the very red-hot concession bandwagon. Earlier this month, it introduced the DNE (as in “don't eat”) sandwich, also made with a sauce that combines some hot peppers.
Dan Mezzalingua, CEO and founder of Brine, said the sandwich is “one of the hottest sandwiches in the country” and the disclaimer is there to warn diners “this is not something to take lightly.” Additionally, the waiver serves to “protect ourselves” from liability, he said.
But even Misalingua, who is married to a lawyer, admits that the waiver may not fully protect him if the beneficiary decides to take legal action.
“There is no such thing as iron,” Mezzalingua said.
Many lawyers and food experts amplify this point: A customer can always file a lawsuit — and the company can be found at fault, or did or did not compromise. In short, an organization must take a basic level of responsibility for the well-being of its customers.
“The restaurant is the knowledgeable party that actively ensures food safety,” said Mark Haas, CEO of the Helmsman Group, a food industry consulting firm.
Which leads many in the industry to suspect that when waivers are posted, they are often as a marketing gimmick — that is, a way for the restaurant to draw attention to itself — as a form of legal protection.
“It's like a theater effect,” said Steve Zagor, a veteran restaurant professional who lectures on the food industry at Columbia Business School.
Restaurants are sued for a variety of reasons, including selling foods that make people sick or harm them. Perhaps the most famous example is when McDonald's lost a lawsuit involving a customer who was severely burned by its hot coffee. The fast food chain did not have any sort of disclaimer, although it did have a warning about the temperature of the coffee. (McDonald's did not respond to MarketWatch's request for comment.)
But in a country that can be as controversial as ours, the question remains whether the concept of waiver can be expanded to include a variety of menu items. Will your neighborhood sushi restaurant ask you to sign something before you devour your tuna roll? What about a local restaurant that serves the perfect medium-rare burger?
Restaurant industry experts say it's doubtful that establishments in the United States would go that far for one simple reason: It could turn away customers and lead them instead to choose a dining establishment that doesn't require a concession.
Additionally, such a concession could generate a lot of negative reactions on social media and elsewhere, as certainly seems to be the case with the Toronto Hilton.
“The negative publicity far outweighs any potential liability,” Zagor said.
