This isn’t the most seasonally appropriate question to ask, at least here in the Northeastern U.S. And in the Northern Hemisphere. Perhaps it’s important (yet disgusting) enough that we can argue about it until springtime.
Simply put: if a bird relieves itself in your food while you’re dining outside, should the restaurant comp your meal?
Here’s reader Jupiterdog’s original query on the subject.
So, when eating at an outdoor cafe, who is responsible for the cost of a new entree if a bird poops on your meal?
I know there is a legal concept called “assumption of the risk,” but who, legally, is assuming the risk that a meal will be spoiled by bird crap? The restaurant, who knows there is a chance a customer’s meal will be spoiled by bird droppings, or the customer, who also knows the risks? The restaurant is more capable of mitigating the risk with fake owls or strategically placed umbrellas, but the customer can also mitigate the risk by dining indoors, or elsewhere altogether.
Consumerists?
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It happens rarely enough that the restaurant might as well pay, just to leave the customer with a favorable impression of the place.
If it doesn’t happen rarely, then the restaurant needs to get rid of the birds or get a patio cover.
It would be pretty poor business practice for the restaurant not to replace the meal. If they offer tables outdoors, those tables are under their restaurant’s auspices. And can you imagine a scenario where a server comes to the table and someone says, “hey a bird pooped in my food” and the server responds, “oh that’s too bad. let me take that plate” and leaves it at that? and leaves the person to sit there while his/her companions continue eating? they’re certainly going to lose customers for life, so only a bad businessperson would choose that option rather than replacing the meal.
If the restaurant provides outdoor dining areas, they should probably replace the meal if birds crap in it.
When you eat outside, you take that risk of any natural occurrences happening, one of which is a bird pooping in your meal. You don’t want to take that chance? Then eat inside! Problem solved.
How about:
If you offer outside dining service, you have to accept that occasionally meals will be ruined by acts of nature that you have no control offer. If you don’t want that to happen, don’t offer outdoor dining.
Control “over”….ugh.
Can restaurants get bird-pooping-in-food insurance? Then the restaurant can pay for the occasional bird-pooping. That seems like the best solution to me!
While I don’t think the establishment is responsible if a bird “drops the kids off at the pool” in your meal, I think it would be in their best interests to do so if they like return customers.
Here’s the deal. The restaurant did in no way cause your meal to be defiled. It was a wild animal. It is the same situation if some stranger came up and spit in it.
I say that not to side with the restaurant, but to explain that they are under no serious legal or moral obligation to replace your food. Which makes this next part all the more important.
It would be very nice of them to replace an item that has been “fowled” in such a way, as a commitment to providing quality service. I would not tip someone who did not at least offer to do such a thing. In fact, I would mention the price of a second helping and state “boy, that would have been a nice tip, too bad” In fact, If the employee didn’t have the ability to comp such a thing, I’d ask for a manager. Someone who has more invested in your dining experience than the person who obviously absolved himself/herself of responsibiility.
So in conclusion, the restaurant doesn’t owe you food, but they are expected to provide you with a satisfactory dining experience. So like a refund without a reciept, ask, but certainly don’t be a dick about it.
Are you sure there aren’t legal requirements? I try not to make pronouncements about absolutes if I don’t know. If I’m eating at an outdoor restaurant with table service and my food becomes inedible because of an act of nature or an act of another diner, I would expect my food to be replaced or to be made whole in some other way. I don’t know the specific legal theories in play here, but my contract for an edible meal may not be fulfilled.
Ethical? Seems to be to be a big ethical obligation for the restaurant to make good. I would feel pretty bad if my diner had his meal ruined because of an outside force, especially if I had a way to fix the problem. It would seem unethical to just let the diner suffer.
Doesn’t Disney land replace churros and whatnot that are stolen from birds, because it happens so foten?
Honestly, the restaurant should just give them a new meal. Should they be required to? Maybe not, but it is in their best interest. If I went to a restaurant and a bird pooped in my food, but they didn’t replace the food, I wouldn’t be back, because it shows that they don’t care about keeping customers. So why should I go back?
There is usually a 50% mark-up on meals anyway. So the restaurant doesn’t make any money on the meal. But you keep the customer happy, and likely to come back if it is handled the proper way. Most restaurants I have worked for would see no problem with taking the shitty meal off the receipt. Just tip like it was there people.
Unless the bird is under the employ of said restaurant, I don’t believe it’s their problem.
They should replace your food for free. The cleanliness of the restaurant isn’t the diner’s responsibility, and if the restaurant can’t provide a bird-free environment, then perhaps they shouldn’t have outdoor dining at all.
It might be nice for the restaurant to comp your meal, but no way is it the restaurant’s responsibility. A bird pooping on your salad, a fly landing on your hamburger, a strong wind knocking over your glass of wine, noxious gas fumes from passing cars, or a stray dog performing the biological activity of its choice are all risks an individual chooses to take when he or she dines outside. As one might guess, I’m no fan of outdoor dining, or even of restaurants that leave their doors and/or windows open for the sake of “fresh” air. I was eating in such a place in SanFrancisco last week, and a bird flew right in the front door and begin tiptoeing on various tabletops — I didn’t hang around long enough to see if the bird would relieve itself. If it happens indoors, I’d say the restaurant could be to blame: one might have an expectation that a restaurant would take reasonable steps to provide an environment free from the irritants I’ve mentioned. But outside, you take your chances.
I live in California there are MANY businesses here with outdoor patios. Actually there are some that have an extremely small indoor seating area but make the outdoor seating area just as nice. I usually prefer to eat outdoors but strangely enough Ive never seen a bird problem at any of these places.
I would say if they provide service to you outdoors then yes they should replace your food if it gets poo’d on.
Restaurant isn’t at fault or liable, but should compensate for the loss for good customer relations.
Like when I was a kid and my ice cream cone was dropped upon purchase, it was replaced for free and I am loyal to that store to this day.
I think it would be a nice gesture for the restaurant to replace the food. Unless an employee held the bird over your food or something of that nature, learn some humility. In this situation, one could ask, but not expect, it be replaced. Definitely not comped.
Does the restaurant want you to eat food with bird shit in it? If they did, then that would warranty a call to the local health inspector.
If something happens to your food through no fault of your own while eating on restaurant property at a restaurant table, they’re rather responsible for the food and the atmosphere. Perhaps not legally, but they do have a reasonable obligation if they want to keep their customers happy.
I ate at a grill a few summers ago, had to sit outside cause they were full inside. Noticed a few yellowjackets flying around, mentioned to the waitress that they should put out some of those wasp catchers. She brought our drinks, and a damn yellowjacket promptly landed in my beer. She just laughed, and said that she’d bring me another one in a soda cup with a lid. Suffice to say, she got a 25% tip.
As far as I am concerned, the restaurant did not choose to sit outside. Seriously, its your risk. Don’t want a bird crapping in your food? Don’t sit outside.
This is really a health and safety matter. The restaurant should have had taken steps to prevent the birds from leaving their droppings. Since they obviously didn’t, they should pay for it.
I had another diner spit in my food as she was walking out of the restaurant. One of the workers there saw and immediately came over, took everything away, cleaned my table and brought me the same meal. I don’t think they had to, but it was nice.
I don’t think it’s the resturants obligation, but if I were a resturant owner I would replace their food, and maybe hint that they might want to sit inside this time.
Did the restaurant place tables and chairs outside for people to eat?
Then they are responsible for the bird poop.
There’s so much gray area here… if you got through most of the meal, it shouldn’t be comped. If it just arrived and you only had two bites, it’d be nice if it were comped but shouldn’t be required. The decision should be up to the manager on duty and how nice they feel like being to a particular customer.
My local bar used to give you another beer if a bird pooped in your first one. They’re since changed their policy, but they also cut down all the tree brances hanging over the patio.
Why should the restaurant be forced to comp your meal? You OPT’D to eat outside and knew the risks associated with such.
If you think that your meal should be comped because of a bird, then eat indoors.
When we opened up our small cafe we had to file for a seperate permit to have outdoor seating. Part of the requirements of the permit is that the establishment must keep the outdoor dining area clean and sanitary at ‘all’ times.
To me clean and sanitary at ‘all’ times means the establishment is responsible for a bird pooping in your dinner. If a bird lands anywhere on your outdoor dining area property (table, plate, cup, seat) it is no longer sanitary. If a health inspector was sitting on the patio eating and a bird lands on his plate and poops, you better believe that the restaurant is going to lose points. Could be different in other states. I’m in GA
Obviously, if you walk awat from a hot dog stand and get bombed, it’s your responsibility. If you’re at an outdoor section of a restaurant, I can’t imagine they would be LEGALLY responsible, but I agree that it should be the correct business choice to replace your food.
A comped meal isn’t very helpful if you still have bird poop in your plate. I would hope that most people just want the food. I think we’re asking the wrong question here.
When you eat in a less controlled environment, you eat at your own risk. Businesses can minimize the risk with awnings or umbrellas, but you did decide to eat outside for the ambiance.