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I Said NO Mustard: Limiting Restaurant Liability When Customers Ask to Modify Ingredients

Amusement and Leisure / July 26, 2019

In Bresnahan v JJ Alpine, Inc, unpublished opinion per curiam of the Court of Appeals, issued July 2, 2019 (Docket No. 343165), the Michigan Court of Appeals offered guidance about the duty owed by restaurants when customers make special ingredient requests.

Although unpublished, Bresnahan provides support for the notion that customers must explicitly warn restaurants of allergies before liability will attach for accidently including an unwanted ingredient.

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