What should I do if I get a cockroach, hair or glass in a dish at a restaurant? Answered by a lawyer

What should I do if I get a cockroach, hair or glass in a dish at a restaurant? Answered by a lawyer

We look at what steps you can take if workers breach hygiene regulations.

lawyer, business analyst, UX researcher, blogger

Going to a restaurant is not only about delicious food, but also about positive emotions. Unfortunately, the reality does not always coincide with our expectations, and here you have a cockroach or another extra “ingredient” not specified in the composition of the dish in your plate with Caesar salad.

The situation is unpleasant and, moreover, dangerous to your health. Insects that appeared in your plate due to the negligence and inattention of cooks, in addition to visual dislike, are carriers of the following diseases:

• dysentery – an infectious disease characterized by damage to the gastrointestinal tract;

• diphtheria – a disease affecting the upper respiratory tract;

• typhoid fever – an infectious disease of acute degree, causing intoxication of the body and rashes on the skin.

Fragments of plastic, glass, metal and other objects can cause serious harm to health, up to lethal outcome (mechanical asphyxia, internal damage to organs).

Čo robiť? Let’s understand in detail the rights of the consumer and further actions in the event of such a situation.

According to the law of the Russian Federation from 07.02.1992 № 2300-1 “On Protection of Consumer Rights”, if foreign objects are found in the dish (a fly, glass, hair, etc., including if the dish does not match the description or other shortcomings, the options depend on the situation), the visitor has the right to do the following:

• demand a reduction in the cost of the dish;
• demand a replacement dish;
• refuse to pay for the dish;
• request a new dish;
• make a corresponding entry in the book of complaints and suggestions.

To begin with, it is worth documenting the moment of presence of a foreign object in the dish. You can do this with the help of photography or videotaping, as well as armed with the support of witnesses. After that, inform the waiter about the lack of the dish, as a rule, it is enough for you to replace it or simply not included in the bill.

But establishments are different, as well as waiters, so if a compromise could not be reached, invite the administrator of the institution to the conversation. As a rule, they try to resolve the situation without conflict and do everything possible to make the guest satisfied.

If the issue could not be settled peacefully, you can send a complaint to Rospotrebnadzor and file a lawsuit.

To prove that the cause of health damage is really related to the dish prepared in a public institution, it is necessary to provide evidence in court:

• test results (if there was harm to health);
• photos, witness statements, CCTV footage, etc…;

The outcome of any dispute depends not only on how competently developed a legal position, but also on how convincingly it is supported by the evidence base. Know your rights and be healthy!