gastronomy trend that includes fancy
cocktails producing smoky, "dry-ice like"
special effects.
An incident in the U.K. this past
October illustrates the danger. A girl
celebrating her 18th birthday at a local
bar had a near-death experience after
downing two "Nitro Jagermeister"
cocktails. The drinks, alleged to have
contained liquid nitrogen, caused such
serious cold burns to her stomach that
doctors had to remove the organ in a lifesaving procedure.
Although the bar involved in that
incident has (smartly) stopped serving its
liquid nitrogen cocktails, a major legal
battle is undoubtedly on the horizon.
Admittedly, some flaming-alcohol
injuries are caused by guests who ignite
their own drinks, or by drinkers who
set themselves on fire at home. But you
control the actions of your bartenders, and
may do so with the intent of preventing
injuries—and subsequent lawsuits.
SET AND ENFORCE POLICIES
So train bartenders to excite and
engage guests with their witty banter
and dazzling personalities, not cheap
carnival tricks. More important, initiate
zero-tolerance policies against flaming
drinks—as well as flaming food,
especially anything flambéed tableside,
where an errant sleeve or the bump of a
chair can have disastrous consequences.
And once you have the policies in place,
enforce them. There is perhaps nothing
so dangerous in a plaintiff's arsenal as a
defendant's policy that recognizes danger
but is not enforced.
Exercise common sense when
entertaining your guests, and they will
come back to you willingly. Engage in
dangerous foolishness, and they—or
their next of kin—will likely come back
with a lawsuit.
David T. Denney is an attorney, licensed
in both Texas and Tennessee, whose practice
is devoted to hospitality clients. He can be
reached through his firm's website at www.
foodbevlaw.com. The comments provided
herein are for educational purposes only, and
should not be construed as legal advice.
www.cheersonline.com
LAST
CHANCE
DEADLINE EXTENDED
Entries must be received by
April 1, 2013
Are you Raising the Bar?
Enter the 2013
Cheers Benchmark Awards
Beverage Excellence for Non-Chain Hospitality Establishments
Honoring the Nation's Top:
Wine Bar
Beer Bar
Cocktail Lounge
Establishments entering must
operate in no more than five locations
and have a primary beverage
focus on the category entered.
Download an entry form at
www.cheersonline.com/benchmark-awards
For more information, contact:
Melissa Dowling
Editor, Cheers at
203-855-8499 ext. 223, or
Mdowling@m2media360.com
