Can I restaurant make you pay for food you ordered, but did not want to accept ?

Question

A restaurant near Wildwood, NJ, called the Rio Station would not let me send my prime rib back. They said it's a perfectly good piece, even though I did not like the looks of it......it was much smaller than what I've had in the past there. I tried to slip the assistant manager $5.00 to please just and find me a tiny bit of "black crust", as there was none at all on this piece. NO, he said.

And the lady manager took the prime rib back to the kitchen, but came back out with the same piece, and said to me "They will NOT take it back!!"

I walked out without touching the prime rib at all; left $6.00 for the waiter, and to cover the cost of salad.

They must have followed me outside, and got my license #,.

They called the POLICE on me! I was forced to pay $28.00 for food I did not want , because there was an "intent to eat".

If I did not pay, charges would be pressed.

All I wanted was a drop more prime rib for the $26.95 price!!

(and I was willing to even pay an extra $5.00 tip for it)

I feel this is very bad will on their part. I ended up having to go back with the police officer, and pay my bill........for food I did not even EAT..

(except for the salad) Never touched the prime rib.

I realize state and county laws might vary, but I always had thought that if you did not accept the food, and did not touch anything, you did not have to pay for it. I eat out/take out almost every day, and this is by far the worst experience I EVER had in my life!!!

Answer 1

They can make you pay for it because you left the establishment, and the law is on their side.  In my state it is called "defrauding an innkeeper" if you do leave without paying whether you ate it or not...

You should have called the cops yourself, from the restaurant, if they refused to let you leave without paying.  

This all sounds kind of hinky to me--are you sure you are telling us the whole story?  Maybe the server thought you were rude in the way you asked for it to go back to the kitchen?  Is this possible?  Of course, some restaurants think their food is like manna from heaven and they get insulted when they shouldn't be...

If what you say is 100% true, I would call a consumer reporter and get a story done (TV is better than radio or newspaper) that tells your side...

Maybe you should stay home and cook--you'd be healthier, happier and richer!  (Except you might get dishpan hands!!)  <G>

Answer 2

Mmm sounds odd.

Have you by any chance complained about food there before and they know you?

Most restaurants are accomodating when a patron does not like their food.  But not if you have done it before.

Answer 3

Yes i agree that if you left without paying you are responsible for the bill. However they were in the wrong since you did tell them you were not satisfied with the prime rib. Through my experience,if i'm not happy with my meal, I send it back overcooked or under I always get a different one. I had a similar thing happen to me several years ago at a local resturaunt in my town, I got a hard elbw macaroni in my salad and nearly broke a tooth and the meal itself took an additional 35 minutes . We walked out and the waitress took our license plate and before i knew it the cops were at my door. We had to pay for the salad but thats all. The owner of the resturant called us and started swearing at us  it was awful. They eventually went out of buisness Go figure!!

Answer 4

It is clearly an unusual way for a restaurant to behave, especially to a regular customer. I have sent food back a few times because it wasn't cooked properly or wasn't what I ordered and never had a problem. In fact sometimes they replaced the food and didn't charge for it. They may have felt that 'it was noticeably smaller than I have always gotten here before' was not a good enough reason but generally for customer service sake they will take the food back. I would write letters to all the nearby newspapers and post to CraigsList in your area. Get the word out that they are skimping on the amount and quality of meat they serve.

Answer 5

If they don't have a "guaranteed to weigh x ounces" on their menu or on a sign, then they're not required to bring you the biggest or best piece. It's something that unfortunately happens from time to time. It doesn't mean you don't have to pay for it. I might not be thrilled about having wilted lettuce on my cheeseburger, but it doesn't mean they've failed to provide me what was described on the menu.

If you ordered the prime rib and it came overdone or underdone, and they refused or couldn't provide you with a piece cooked to the way you specified, you'd be able to ask the restaurant manager to take that off your bill or substitute something else. But since you didn't ask for a sub, effectively "accepted" the prime rib, and walked away without paying the bill in full - you're probably technically in the wrong here. Sorry.  

Answer 6

Hmmmm.  I suggest you not pay, and see what happens.  I'd dare them to try to actually take me to court on that one. No offense to police officers, but prosecutors are the ones who'd have to look silly trying to make you criminally liable.  I think the news would love to hear about it.  I respect the food industry, and I plan to have a restaurant, but what they did-- that's bad business, and even worse publicity.

Answer 7

I don't believe they could do that to you. You did not eat the meal so you shouldn't have to pay for it. They didn't cook it how you ordered it or you would have paid for it. They should have taken it as a loss. They must not want return business. I would call the better business beaure and make a complaint.