Giving away/gifting meats - liability

[atomicsmoke]

Whenever someone asks advice on a bbq business idea many members, who join the conversation, are quick to remind the OP about liability. And it's great that they do that.

However there are plenty of posts about cooking for work events, for coworkers, gifting meat products for Holidays, etc. Not a lot of warnings about liability. While the duty of care and level of responsibility for a business are higher there is still liability even when money does not change hands.

Just blowing some smoke.

 

[chef jimmyj]

If you have been hanging out here any length of time, you should be more than competent at making safe and wholesome food. However, if you still have to worry about liability, cooking for coworkers or gifting relatives, you may be working with and related to some folks with disproportionately large Rectums! Safer to send them a Fruit Cake from Walmart...JJ

 

[SonnyE]

If you are invited to a Friends house for dinner, do you hold them responsible if you get the flu next week?
Nope, I don't.

Recently I made a batch of Pork Jerky. I made it a bit spicy the way I like it, a bit of Cyan, and a bit more of Worcester sauce.
My 5 year old, and her Baby Sister 2 1/2, Grand Daughters both liked it so much that Ava asked to take some home. :confused:o_O
Oh, of course Grandpa told her yes. And I asked her to share with her Baby Sister.
I gave her a 1 quart Ziploc bag and she helped herself.
Am I responsible if one of them blows a hole in her panties?

Dealing with Friends and Family, to me, is a lot different than John Q. Public.
John Q. Public is just full of snakes and weevils.

Yes, there is Liabilities in everything. But I'm not serving anything I don't eat myself.

 

[daveomak]

you may be working with and related to some folks with disproportionately large Rectums! Safer to send them a Fruit Cake from Walmart...JJ

 

[SonnyE]

I would have disproportionately larger concerns about food from Walmart.

 

[atomicsmoke]

If you have been hanging out here any length of time, you should be more than competent at making safe and wholesome food. However, if you still have to worry about liability, cooking for coworkers or gifting relatives, you may be working with and related to some folks with disproportionately large Rectums! Safer to send them a Fruit Cake from Walmart...JJ

Wow....coming out strong Chef....the thinly veiled insult was uncalled for.

 

[atomicsmoke]

If you are invited to a Friends house for dinner, do you hold them responsible if you get the flu next week?
Nope, I don't.

Recently I made a batch of Pork Jerky. I made it a bit spicy the way I like it, a bit of Cyan, and a bit more of Worcester sauce.
My 5 year old, and her Baby Sister 2 1/2, Grand Daughters both liked it so much that Ava asked to take some home. :confused:o_O
Oh, of course Grandpa told her yes. And I asked her to share with her Baby Sister.
I gave her a 1 quart Ziploc bag and she helped herself.
Am I responsible if one of them blows a hole in her panties?

Dealing with Friends and Family, to me, is a lot different than John Q. Public.
John Q. Public is just full of snakes and weevils.

Yes, there is Liabilities in everything. But I'm not serving anything I don't eat myself.

If you have people over and despite all your efforts make them sick you think you are not responsible? Not talking about flu, but food poisoning...caused by the food you serve.

 

[daveomak]

Geez atomic..... I do believe that comment was meant for the masses...
We ALL know your expertise in handling foods and making some REALLY GREAT entrees and sides...
I think JJ, like I, add comments for those on the sidelines to contemplate what they are reading...

 

[SonnyE]

My bud's and I use to go Spelunking in our High School Daze.
Brad got food poisoning (The real deal) from his can of Beans. He spent some time in the hospital.
Each of us bought, brought, and fixed our own food.
Do you think that since his cousin, another buddy, and I, were there, we were accomplices in Brad puking his guts up?

If you are that paranoid, I would suggest you refer back to Chef JJ's post. Maybe you are disproportionately looking for something there ain't.
Try goosing butterflies instead. ;)

 

[atomicsmoke]

6 replies,...none dealing with the question: one is responsible when selling food but not when giving away?

 

[daveomak]

FWIW, In the US, anyone can be sued for anything.... I think that's what JJ was referring to..

 

[chopsaw]

6 replies,...none dealing with the question: one is responsible when selling food but not when giving away?

Well , I got sick from under cooked turkey at my sisters house . Twice . 1st time was her fault , second was mine for eating it again.

 

[rjob]

Not a lawyer but your homeowner's insurance can cover you. Check with your agent they can set the coverage level to your comfort level.
Also do a search for "Can a homeowner be sued for food poisoning". Some amazing links about the topic. Guess one needs a waiver signed by all guests!

 

[smokesontuesday]

I've never, to my knowledge at least, made anyone sick with my cooking. My coworkers wouldn't bother to sue me anyway though. They know where I work (obviously) and my salary is public record. It wouldn't be worth their time and they know it.

Most home insurance policies provide some coverage if your food makes someone sick and it can be proved that it was your food that did it. This is very tough to prove though which is probably why people rarely sue other citizens over food poisoning.

Donations to non-profits (churches, food banks, etc.) are protected under the Bill Emerson Good Samaritan Food
Donation Act https://en.wikipedia.org/wiki/Bill_Emerson_Good_Samaritan_Act_of_1996 .

 

[chef jimmyj]

Wow....coming out strong Chef....the thinly veiled insult was uncalled for.

Come on Bro! First off a general statement, Anyone hanging around SMF long enough would have a grasp on safe food prep. We see dozens of Newbies posting " my smoker crashed, is my meat safe? " A perfect example of our conscience members. Second, if any of my family members sued me for them getting the S#!T'S from food they ate at my house, like unsafe food could EVER come from my kitchen, they truly would have to be the biggest A$$HOLES on the planet! I assumed that pretty much applies to anyone's family or friends that would think so little of them.

It was never my intention to insult you, a peer that I respect trust and enjoy your work. Please accept my apology if I created any hard feelings...JJ

FWIW, In the US, anyone can be sued for anything.... I think that's what JJ was referring to..

Yes, this is true. Too many people backed by Ambulance Chasing Lawyers looking to make a buck...But not family or friends? I guess I put too much faith in people I love. Besides bad food coming from me, you, Atomicsmoke or thousands of members that watch for proper storage, handling, cooking temps and safe finished IT, then transport and reheat safely...Whom among us needs to even worry about liability?

 

[SonnyE]

Whom among us needs to even worry about liability?

I would consider it if I was to sell food. But I don't sell anything.
And careful handling and preparing are paramount to most of us.
I personally would never take a chance on anything even remotely off or suspicious. Not for me, and most certainly not for anybody else.
I'm sure as hell not going to lose any sleep over the thought.

Now then, it must be a prep day here. It's raining, and I was hoping to smoke my nuts.
So I'm going to prep more Pork Loin Jerky, and see about getting my nuts in order.
This stuff is fun to me, not worry-sum.

Besides, anybody wants to sue me, well, you can't get blood out of a stone. :D