Legal Question in Employment Law in Massachusetts

I work for a well-known Italian Restaurant who has just added two desserts that contain Hazelnuts. Because of this, we the servers now have to tell our guest, "Anyone who has an allergy to "nuts" can not be served a pizza or any foods that are cooked in the pizza ovens." If I should forget to notify any of my guest's and god forbide one of them happens to have a food allergy to nuts, could I be sued along with the restaurant or would a person just sue the restaurant? Don't you think they are liable and should put something on each table from head quarters?


Asked on 9/27/10, 7:31 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I do not believe you would have any real liability in the event that someone were injured as a result of ingesting food cooked with/around nuts. As an employee of the restaurant, your actions are imputed to the employer for liability purposes. Even if you were sued, the injured person would undoubtedly be going after the restaurant or its insurer.

Read more
Answered on 10/04/10, 7:42 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Massachusetts