Quote:
Originally Posted by PHXFlyer
I think the we can infer from the OP's post that the bacon was part of the meal served on the airplane. If so he has a good case against the caterer but not the airline. Let the flaming begin but the flight attendants only heat and serve the food. They are not cooks nor are they waiters/waitresses. If a hard piece of bacon chipped your tooth in a restaurant would you sue the waiter/waitress or the restaurant?
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Well the OP just cleared up where the incident with the bacon occurred.
But you raise an interesting point as to who is the correct defendant, if the consumer is making a claim for something like this. A claim may lie in contract and the question will be who was the one who the consumer had the contract with. This is easily answered by asking who collected the money and it would be the airline and not the caterer. In the case of a restaurant, it would be the restaurant and not the waitress who is paid for the meal. The waitress may only take the money to the cashier. So for the claim in contract, it is the airline if they had served you hard bacon. They can in turn claim against the caterer. The passenger may not even know who the caterer is.
But in situations like this, a claim in tort may arise. A tort is a civil wrong and in this case it would be negligence. This passenger suffered injury from bacon prepared by a caterer. If the caterer negligently permitted a piece of bone to get into the bacon, or if his bacon was fried too much getting it too hard, he is liable. So if the airline discloses the name of his caterer, a claim may be made against the caterer.
But the claim in contract still lies against the airline. A consumer may in one suit make a claim against two defendants, one in contract and one in tort.
The above would apply if it was that it happened on the aircraft.
Since it happened in the hotel, it would be the hotel that is liable.