Liability Issues in the Gastronomy Sector Examples from Austrian case law Michael Wukoschitz1 I. Introduction. – II. Public safety. 2.1. Case studies. 2.1.1. Icy patches in an alpine region. 2.1.2 Snow-covered stairs. 2.1.3 A shortcut on the mountain. 2.1.4 A fatal confusion. 2.1.5. A dance on broken glass. 2.1.6 The hazardous paprica. 2.1.7 A group photo in front of the monastery restaurant. 2.1.8 Injury outside the catering tent. 2.1.9 Dangerous liquid. 2.2. Conclusions. – III. Food safety. 3.1. Case studies. 3.1.1. Salmonella infection of a caring spouse. 3.1.2. Contaminated water. 3.2 Conclusions. Restaurant operators or restaurateurs face typical risks of liability connected to the nature of their business. On the one hand, their business premises are visited by many people who are not all already in a contractual relationship with the restaurateur. In this respect, the obligations to ensure public safety apply not only to the gastronomy premises themselves, but also to their immediate surroundings, such as access ways in particular. On the other hand, food is a particularly sensible product to which high safety requirements apply. The restaurateur must therefore comply with detailed regulations, particularly with regard to hygiene. The supply of food therefore always involves a considerable liability risk.The article examines both areas of liability and presents court rulings handed down in Austria. Keywords: restaurant operator, liability, public safety, duty of care, pre-contractual obligations, proportionality, case law, personal responsibility, food safety, contamination, damages, hygiene, adequate causation, burden of proof, fault. I. INTRODUCTION Every industry has its own liability risks. Those in the gastonomy sector mainly relate to safety of guests inside and outside the premises and the serving DOI 10.60559/gl10 1 President Emeritus of International Forum of Travel and Tourism Advocates.
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