Legal Question in Personal Injury in New York
if someone volunteers in a deli and serves food and makes sandwiches, if a customer becomes sick due to bad food is the volunteer liable since he is not a paid emplyoyee of employor? If the food was spoiled and he did not know it and servrd it is he liable in that situation?
Asked on 1/09/12, 3:32 pm
3 Answers from Attorneys
Tanya Gendelman
Law Offices of Tanya Gendelman, P.C.
Liability is likely to fall upon the manager and the owner of the deli, unless the volunteer is also responsible to check the food for freshness. Whether the person serving food is getting paid or not, has no bearing on liability.
Tanya Gendelman, Esq.
www.WeSettle.com
Answered on 1/09/12, 3:39 pm
Stuart DiMartini
Law Offices of Stuart DiMartini
I agree. You should find out whether the deli is insured because they the carrier would defend you if a litigation arose. Best wishes,
Answered on 1/09/12, 4:15 pm