Negligence:

• As a business, Shake N' Weiner will have a heightened duty of care to each and every one of our customers. If one of our employees or agents is found to have acted unreasonably, Shake N' Weiner will be found negligent in the event that it passes the reasonable person standard. The injured party would then have to prove causation. This means that there was a direct chain of events leading from the unreasonable act to the injury, as well as the injury being foreseeable to Shake N' Weiner. Lastly, the plaintiff must prove that actual harm occurred. 

• If one of our employees or agents acts negligently, Shake N' Weiner will be responsible if the employee or agent was acting "within the scope of employment."

• Shake N' Weiner could be sued for negligence in the event that one of our employees unintentionally acts carelessly. An example of this is if a Shake N' Weiner employee forgets to place a wet floor sign after mopping, and then a customer falls and gets injured. 

• We at Shake N' Weiner are aware of negligence issues, therefore we have trained management to look out for potential negligence by employees. Additionally we have employee training and policies established to teach employees the correct and safe way to work. Customer safety is a main priority at Shake N' Weiner. Although there are risks of negligence as a food establishment, we at Shake N' Weiner are confident in our abilities to prevent these risks from occurring in our restaurant. 

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Strict Liability: 

• Shake N' Weiner could be exposed to strict product liability issues given the nature of our business. If an individual consumes one of our products and suffers an injury, we at Shake N' Weiner are responsible. It does not matter if the defect was caused by us, or one of our suppliers. Any seller in the distribution chain is 100% liable. 

• If a strict product liability is brought against Shake N' Weiner, the plaintiff must prove the following:

  •  Shake N' Weiner sold the product in question. 

  •  The product was in a defective condition when we at Shake N' Weiner sold it. 

  • The product was unreasonable dangerous to the user because of the defect. 

  • The plaintiff incurred physical harm to self or property.

  • The defective condition was be the proximate cause of the injury or damage. 

  • The goods served by Shake N' Weiner must not have been substantially changed by the user.

•  We at Shake N' Weiner are fully aware of the importance of providing not only tasty, but safe food to our customers. Therefore, Shake N' Weiner prides itself in taking extra precautions such as routine inspections of food. Food safety is one of Shake N' Weiner's top priorities!

 

Intentional Torts:​

• An intentional tort could be brought against us at Shake N' Weiner if one of our employees or agents willingly harms another individual. We at Shake N' Weiner will be held responsible if the employee or agent was motivated by our best interests, even if the employee or agent was misguided in the motivation. 

• The intentional torts that are most concerning to us at Shake N' Weiner are fraud, disparagement of property, and defamation. To prevent these intentional torts from occurring at Shake N' Weiner we have established and maintained a good internal control system. Our internal control system includes but is not limited to proper management and employee training as well as separation of duties.