Schemery Zicolello

Do Pennsylvania restaurants need to keep people safe?

From time to time, many Pennsylvania residents enjoy going to a restaurant for a meal. Generally, people expect that these restaurants are safe from them to eat at. Specifically, they expect the premises will be safe. This includes the safety of the physical space -- there won't be a wet floor that causes falls, for example -- and the safety of the food -- it won't make people sick.

People may be interested to know that these are not just societal expectations, but they are requirements under the Pennsylvania Food Code. Under section 46.1144 of the Pennsylvania Food Code, retail food establishments have many requirements that they must meet. These requirements are required for the establishment to keep its operating license and continue to serve food to the public.

Under section 46.1144(5), in particular, a restaurant must report certain dangerous conditions to the licensing department. These conditions include unsanitary conditions, misuse of poison and the outbreak of a foodborne illness. Additionally, restaurants must report, under this section, physical dangers including the occurrence of a fire, flood or other hazard. The interruption of essential services like water or electricity must also be reported. Basically, any situation that could endanger public health must be reported. Furthermore, if these conditions occur, according to this law, the restaurant must immediately cease operations. In other words, the restaurant must close down immediately to handle the unsafe conditions.

There are situations where these types of dangers occur in restaurants across the state of Pennsylvania. While this law requires restaurants to act, it does not help customers that are injured by the dangerous conditions. When a customer is injured in a restaurant, that person may have legal rights. While this post cannot give specific advice, an attorney can help to explain a person's right to compensation following an injury in public place.

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Commonwealth v. Candice Steinbacher – Motion for Judgement Acquittal Granted

Motion for Judgment of Acquittal for a Driving Under the Influence (DUI) prosecution was granted by Lycoming County President Judge Nancy L. Butts, after Attorney Kyle Rude argues that the Commonwealth could not prove Ms. Steinbacher was in actual physical control of a motor vehicle. Ms. Steinbacher was arrested after Williamsport City Police believed she switched seats with her boyfriend in order to avoid an arrest for DUI.

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