While dining out... one of those crazy things on the wall and fell right into my soup! What should have...?

Question

I done after that?

There was a street sign there that said "one way" & it was pointing towards the restrooms!

Priceless!

Answer 1

well if nobody got hurt then laugh it off and have your server bring you another cup of soup... it makes a great story there's no need to throw a fit or anything

Answer 2

freaked out..id have been mad and i sure wouldnt have paid for any of my meal nor eaten that soup and i would call their home office or speak directly to the manager on duty

Answer 3

Alerting the waiter or waitress and manager would be the first thing.  They'll probably replace the soup & comp it.

Answer 4

If you’re asking whether or not you should pursue legal counsel, I would have to say…it depends.

A hospitality establishment has a duty to exercise reasonable care to protect its guests; however, the business is not an insurer of your safety.  

The restaurant may be negligent IF it is proven that a similar event has occurred in the past AND it is proven that it has taken no action to prevent the event from happening again.  If the event has occurred in the past and it is provable that the business has done everything to ensure the event will not repeat itself, then chances are it may not be found negligent.

A lack of a past similar occurrence does not necessarily mean the business will be found negligent.  It is not a reasonable duty for an employee or management to touch and test each individual wall hanging to make sure it is secure before each day's opening and between lunch and dinner times.  This would not fall under reasonable care, albeit prudent but time consuming and in some instances, unqualified.  Could you imagine enjoying a meal and someone interrupts you to stand on the table or asks that you get up so he/she may inspect the decor? Most reasonable people would agree this would be unacceptable from a patron's point of view...in deed.

How high on the wall was the sign?  If it is low and in reach of patrons then the object was not in the “exclusive” control of the establishment.  This fact may also affect a legal decision.  

My point is that there are many, many factors that must be considered, certainly many more than I have highlighted.

The most important factor is…. Did you sustain a physical injury from this event?  You will not be able to prove negligence unless you have a documented injury/damage that resulted DIRECTLY from the event.  One of the elements you must prove in a negligence case is damages/injuries.  Without this element, you do not have a legal leg to stand on. In other words…“No harm, no foul.”

I hope this helps.