Day on Torts
You have undoubtedly heard about the claim against a Benihana restaurant where a man allegedly died because he was hit in the face by a shrimp. The jury did not hold the restaurant liable.
These were the facts according to the article at www.law.com: “On Jan. 27, 2001, Mr. Colaitis, his wife Jacqueline and his two sons and others went to the Munsey Park location of the popular eatery to celebrate one of the boy’s birthdays. According to testimony given by Ms. Colaitis, the sons, Christos and John Alexander, and at least two other members of the dinner party had been struck and burned by pieces of food tossed by the unidentified chef. After the second burning, Mr. Colaitis asked the chef to stop. Instead, the chef allegedly flung one more piece of shrimp at Mr. Colaitis’ head. Jerking away from it, he wrenched two vertebrae in his neck. He had the first operation six months later.” Mr. Colaitis later died, allegedly from complications of the neck injury.
The only thing my experience tells me about hibachi-style restaurants is that they never have a table until you have had at least one drink. Then, when you walk behind the curtain, there are lots of empty tables.