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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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Is it the law to state on your menu if the fish

Customer Question

Is it the law to state on your menu if the fish
that is being served contains bones or not?
As a guest attending a wedding at our banquet hall
claims she choked on a small bone whilst eating the
fish & a ambulance had to be called just in case!!
Submitted: 3 years ago.
Category: Law
Expert:  Vincent2013 replied 3 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

 

There is no specific legislation that requires this sort of disclosure on restaurant or catering menus in England or Wales.

 

Neverthelss, such disclosures are regularly made by restaurants in order to reduce the likelihood of them becoming liable for damages in the event of a choking injury. Whilst they cannot limit or exclude liability for death, a claimant must first prove negligence (and a warning to the customer that the fish may contain bones is often used to mitigate the risk.

 

Similarly, if the food is described in a manner that suggests that there are no bones (such as a fillet) it could potentially have the opposite effect, exposing the restaurant to a greater chance of being held liable if bones are discovered and cause injury.

 

I hope that answers your question. I would be grateful if you could take a moment to rate my answer. Our conversation will not close and you can continue to ask any follow-up questions you have.

Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola