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The Guilty Egg Sandwich
By Elissa Bernstein
Erwin’s restaurant was hopping. The early birds had come out in droves.
“I’ll take the egg sandwich,” Pam told the waitress.
“Me, too,” husband Erwin added.
“Two egg sandwiches,” the waitress repeated.
“You’re having egg?” Pam stared at her husband.
“I’m having egg.”
“He’s having egg,” the waitress confirmed.
“No. Give him tuna,” Pam said.
“Ok, tuna” the waitress sighed.
“But I want egg!” Erwin complained.
“You had an allergic reaction last time you ate an egg.”
“That was 20 years ago,” Erwin protested. “I want egg,” he said to the waitress.
“And I want a new job!” the waitress moaned.
The Bartleys strolled over. “So, what are you having for dinner.”
“I’m having Egg.” Erwin proudly announced.
“Egg? But 20 years ago, that didn’t go so well!”
“I’M HAVING EGG!”
Six hours later, Erwin lay sleepless in bed. “Pam…PAM?”
“For goodness sake, Erwin, I’m asleep, not in a coma!”
“My stomach is killing me! You were right about the eggs! Can you get me some seltzer?”
Pam groaned as she made her way to the bathroom. “Why do you never listen to me?”
A few seconds later, Erwin started screaming. “How long does it take to get me some seltzer. I’m in agony!”
Pam walked back to the bedroom, bent over in pain. “AUGH! My stomach hurts!”
“Not you too!” Erwin panicked.
“Either your egg allergy is contagious or we’ve both got food poisoning. Call an ambulance!” Pam screamed.
At the hospital, the diagnosis was clear. “Botulism poisoning. Must be those sandwiches at Erwin’s.”
Suddenly, Tom and Pam heard some familiar voices. It was their friends, the Bartleys.
“Oh, the pain, Henry, I’m going to die. That egg sandwich.”
“My egg sandwich is killing me too, Shirley!”
The two couples sued Erwin’s for damages.
IN
THE COURTROOM
The couples argued with vigour. “Your Honour, we got sick because of Erwin’s sandwiches. He’s responsible for the quality of the food and this food wasn’t fit for animals. The law says there’s an implied warranty for goods when the seller knows why they’re being bought.”
Erwin shook his head. “But we’re not just providing our customers with goods. It’s a total service relationship. The food is only one part of the experience. There’s no such thing as a legal guarantee of receiving a certain quality of service.”
Does Erwin have to guarantee the food? You! be the Judge. Then look below for the decision.
THE DECISION
“Pay up, Erwin,” said the Judge. “A customer enters a restaurant for the primary purpose of buying food, not for receiving service. That means there’s a guarantee that the food is fit for eating! Erwin’s is going to have to pay for this unsettling experience.”
This column is based on a case from Ontario.If you have a similar problem,
please contact a lawyer in your jurisdiction. We are proud to bring you
some of the current legal issues from across the country for discussion
and debate. To provide compelling entertainment, we have fictionalized
the names, the characters and the scenarios in the case. Any resemblance
to real people is purely coincidental. In the interest of clarity and
brevity, the legal issues in the case have been greatly reduced and simplified.
Elissa Bernstein is a lawyer and nationally syndicated columnist. Copyright
2007 Haika Enterprises AS1-1 (AS1-6).
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