Parents of a Tennessee minor recently filed a lawsuit against a local Steak and Shake, which claims that the hot sauce on their son's chili was "too hot." According to the lawsuit filed, the minor apparently ordered a bowl of chili which included "Blair's Mega Death Sauce" and that the restaurant failed to warn of the sauce's intensity. The minor was taken to a local hospital with an inflamed digestive tract and a severe allergic reaction. Parents are seeking unspecified damages.

Although the filing of this litigation appears to be outrageous, it raises issues relating to implied warranties under the law. In New Jersey, there is an implied warranty of merchantability with regard to food products sold by a retail establishment either to be consumed within a restaurant or for later consumption. Basically, this implied warranty of merchantability means that the food product that is being sold must be fit for its intended use; i.e. to be consumed. If, for example, a restaurant serves food which ultimately makes the consumer of that food ill, the restaurant may be responsible for personal injury damages to that consumer on the theory related to the breach of the implied warranty of merchantability. Additionally, the restaurant may also be responsible to that consumer on theories of negligence and breach of contract.

Turning to the minor boy in Tennessee, it would appear that the bowl of chili with "Blair's Mega Death Sauce" was merchantable in that it was "fit" for its intended purpose; that it to be consumed by the average consumer as an ultra-spicy chili. Unfortunately, it would appear that this minor boy had some type of allergic reaction to the extra hot sauce, which caused his hospitalization. The ultimate issue in that case will most likely be whether or not the restaurant properly warned the boy and his parents of the full extent of the chili's spicy nature. In our view, the words "Mega Death Sauce" would reasonable put the end user on notice that the sauce was extremely hot. Really, the issue here is whether the minor boy's parents should have liability for allowing their child to consume this "Mega Death Sauce" without testing same or limiting its consumption. We leave the liability of one's parents under such circumstances in the state of New Jersey for a different day.

However, in the event you or one of your family is ever injured by a food or food product, it is extremely important to preserve any of the remaining food for ultimate testing if possible and seek legal advice in order to determine your rights.