moe's, can be bad Options

[Divergent Realit...]

http://www.local6.com/news/11143651/detail.html

A man who can no longer feed himself said an uncooked chicken burrito put him in a wheelchair. Roger Anderson said he ate the burrito at a Moe's Southwest Grill in Land O' Lakes in September and became sick with stomach cramps, diarrhea and joint pains.

Anderson's attorney said the burrito caused a bacterial infection, which led to a disease that affects the body's nerves.

Anderson and his wife filed a lawsuit against Tampa-based GCF Ventures LLC, which operates the restaurant.

The company said all of its employees are trained in safe food handling and preparation practices, and the restaurant is regularly checked by health inspectors.

noes!

its like jack in the box all over again.

[THECHICKEN]

the employee is working FOR the company.. so in the process of furthering the companies best interests. Any NEGLIGENCE by an employee is usually ALWAYS applied against the employer. The employer is in the best position to prevent the accident and bear the losses of the injury (as compared to the victim) since it was THEIR employee who committed the act.

As for criminal penalties, that would be going against most all due process we have in this country.

Criminal penalties usually require more than just negligence. You are required to show GROSS negligence (though sometimes that's not even enough) or Recklessness. The reason for this is because you are taking away someone's liberty and labeling them a criminal. As for just not preparing food correctly and negligently causing someone to get injured, its hard to say that person is a criminal. Usually these injuries are better served by the civil side of law (suing the negligent person).

Now if you know that something has an extremely high chance of hurting someone (you actively know it), and then you serve them the dangerous food anyhow, you could be convicted of a crime. But this should be the exception, not the rule... especially with something that usually has no mens rea of criminal culpability.