What duties does the restaurant owe to the decedent?

Question

A customers dies in the restaurant while eating food and the restaurant receives a letter of representation from an attorney threatening suit. The day he died he entered to the restaurant but seemed out of sorts. He seemed tired. then he straggled to a table and reeked of liquor. His order delivered All of a sudden he seemed to get sick. His face changed colors he grabbed his throat and slumped over in his chair. They checked his the customer's vital signs and noted that Jones pulse was weak and irregular. The manager immediately called for an ambulance which arrived in minutes. The paramedics could not helped him and he died.An autopsy determined the cause of death to be on obstruction to the decedent's throat. The coroner's report further noted that the customer had a blood/alcohol level content of 0.24% which is tooMCH.Finally Pathologist opined that it is not unusual for an extremely intoxicated person to choke to death on food.

Answer 1

The elements of negligence are:
1) A duty to protect.
2) A breech of that duty.
3) Proximate case.
4) Injury.

Most courts agree that a restaurant owes no duty to a choking customer beyond promptly summoning medical assistance. Because the first element of negligence is not satisfied, it is unlikely that a wrongful death suit would succeed.

Answer 2

Not being an attorney, I can only guess that the restaurant will be held blameless in this situation. The restaurant, did not force the decedent to eat in such a manner, as to choke. It did however attempt to render aid, to someone, in need of assistance, while in the restaurant. As to the blood/alcohol content of the victim, he apparently was under the influence when he entered the restaurant. But as he did not order any alcohol, while there, they cannot be held responsible for his condition.

Answer 3

None. They can bill his estate for the meal, too. A restaurant has no liability if someone chokes to death on their food. The employees are not required to know first aid, so they have no greater duty to render medical care than any other customer in the restaurant.

Answer 4

There are lots of duties besides the glaring in maximum eating places. It relies upon on the chief/proprietor as mentioned above. some duties not suggested could be : wrapping silverware, cleansing wait factors, slicing lemons, and prepping different drink garnishments, different prep artwork for the kitchen, cleansing the place on the top of the nighttime, vacuuming, etc. and different different issues. with the point to the guy who asked if she replaced into thick, I wager you're a damaging tipper seeing as you think of it would not take lots to attend tables.