Woeste ate raw oysters at Washington Platform Saloon restaurant and died of food poisoning. Later his estate sued the restaurant and the company that harvested the oysters; however, they are unlikely to win the case because Woeste was aware of his diseases that did not allow him to consume oysters. This species of seafood contains bacteria Vibrio vulnificus, which does not harm people in general. Yet it may be fatal for people with weak immune systems – in case of Woeste, hepatitis C and liver cirrhosis lowered his immunity. Being aware of his diseases and not having read the menu, the customer ordered the oysters, which was his mistake.
In this case, the restaurant is not liable for the fatal outcome because they have warnings for many positions in the menu. The appellant would not have a good case since it was entirely his failure to read the warning section. If the restaurant had not provided any warning in the menu, Woeste’s representatives could have claimed it guilty (Kanovsky & Pines, 2020; Meiners et al., 2015). Food and Drug Administration of the United States (FDA) would protect customers in case of foodborne illnesses and fatal outcomes only if the restaurant did not provide any warnings (King, 2020; Meiners et al., 2015). Regardless of the possible fines FDA can impose, there is no ground for the owners’ sentence (Food and drug administration, 2019; Meiners et al., 2015). In general, Washington Platform Saloon should win the case because it considered all the possible dangers related to food poisoning and provided each customer with notes of caution. Therefore, it is evident that Woeste has merely neglected his liver disease, which caused his death, while the restaurant is not guilty.
References
Food and drug administration. (2019). FDA Food Code 2017. Amazon Digital Services LLC – KDP Print US.
Kanovsky, S., & Pines, W. (2020). A practical guide to FDA’s food and drug law and regulation. Food and Drug Law Institute.
King, H. (2020). Food safety management systems: Achieving active managerial control of foodborne illness risk factors in a retail food service business. Springer International Publishing.
Meiners, R., Ringleb, A., & Edwards, F. (2015). The legal environment of business (12th Ed.). Cengage Learning.