Question
Mary owns a restaurant called Mary's Diner. Her business has been negatively impacted by the recent pandemic and resulting supply chain shortages and labor shortages.
Mary owns a restaurant called "Mary's Diner." Her business has been negatively impacted by the recent pandemic and resulting supply chain shortages and labor shortages. After nearly one year of being closed because of the COVID-19 Pandemic Mary successfully reopened her business. It has been difficult to offer all of the customer favorites because of the lack of certain foods and also lack of trained chefs. Despite these challenges, her restaurant averages twenty five customers a day, Mary received a phone call from he cook John. He stated he was just diagnosed with COVID-19 and wanted Mary to know he would not be in because he just could not move. He was also concerned that Mary's Diner should perhaps close as he had prepared all the breakfast food there every morning for the past two weeks. Mary thanked John for the call and said he should concentrate on getting well not what happens at the Diner. She assured him she would "take care of everything" and that he would have a job when he was all better. In a panic Mary called a temp agency asking if they had a chef for the next ten to fourteen days. The service "Temps R Us" said they had one chef Chris who recently graduated from cooking school but had little or no experience. Mary told them to send Chris over right away.
Chris went to work right away. Business was brisk her first two days as chef. Everyone seemed to like her "specials." Chris was trying out some of her new recipes which includes chicken breast tartare which is a delicious mix of raw chicken marinated with Mediteranean spices. Mary was too busy with staffing and financial issues to closely monitor what Chris was serving the customers. After day three with a temporary chef Mary started to receive phone calls from customers reporting they felt sick. Some complained of diarrhea others fever and still others abdominal cramps. She then received a phone call from an inspector with the Internal Revenue Service who stated his wife had eaten breakfast at the restaurant and was also sick and that he would be right over to inspect the premises for food safety.
Mary can not afford to close again. She knew she decided to keep quiet about John's illness but feels she did not do anything wrong. What possible legal issues does Mary face through her action in this matter. What parties are responsible to customers who are ill. What can Mary do now to prevent criminal or tort liability? Refer to and define all legal terms. Draw your conclusions based on your research in the areas studies thus far this term.
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