Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Restaurant experiences don't always go as expected. The FTC Consumer Protection resources can help you understand your rights. From food poisoning to billing errors, understanding your rights helps you address problems effectively and seek appropriate compensation when things go wrong.
Food Safety: If you suspect food poisoning, report it to your local health department. This creates an official record and helps protect others from similar illness.
Food Poisoning Claims
Proving Your Case
- Establish what you ate and where
- Medical documentation of illness
- Timing consistent with food poisoning
- Others who ate same food became ill
- Lab tests identifying pathogen (ideal)
Immediate Steps
- Seek medical attention
- Save any leftover food (refrigerate)
- Keep the receipt
- Report to health department
- Document symptoms and timeline
What You Can Recover
- Medical expenses
- Lost wages
- Pain and suffering
- Cost of meal
- Related expenses
Medical Records Are Key: See a doctor and get tested if possible. Medical documentation linking your illness to foodborne pathogens significantly strengthens your case.
Billing Disputes
Common Problems
- Charged for items not ordered
- Incorrect prices
- Automatic gratuity not disclosed
- Hidden fees
- Wrong credit card charged
- Tip amount changed
At the Restaurant
- Review bill before paying
- Point out errors to server
- Ask for manager if not resolved
- Keep copy of receipt
- Note server and manager names
After You've Paid
- Contact restaurant management
- Provide receipt copy
- Request specific refund
- Credit card dispute if refused
Automatic Gratuity Issues
Legal Requirements
- Must be disclosed before ordering
- Should be on menu
- Can't be added secretly
- Some jurisdictions regulate amount
If Not Disclosed
- Refuse to pay undisclosed gratuity
- Pay for food and disclosed items
- Document lack of disclosure
- Dispute charge if forced
Tip Fraud Alert: If you write in a tip amount and the restaurant charges more, this is fraud. Keep your receipts and check credit card statements.
Food Quality Issues
Problems With Your Order
- Food not as described
- Undercooked or overcooked
- Wrong dish served
- Food cold when should be hot
- Foreign objects in food
- Allergen not disclosed
Reasonable Expectations
- Replacement of incorrect items
- Refund for unsatisfactory food
- No charge for uneaten items
- Accommodation for allergies (if disclosed)
Allergen Issues
- Always disclose allergies clearly
- Ask about ingredients
- Document what you were told
- Serious reactions may warrant legal action
Service Problems
Unreasonable Waits
- Generally not legally actionable
- Ask to speak with manager
- Request discount or leave
- Leave review describing experience
Discrimination
- Illegal to refuse service based on protected class
- Race, religion, national origin, disability
- Document the incident
- File complaint with civil rights agency
- Consider legal consultation
Property Issues
- Theft or damage to belongings
- Restaurant may have liability
- Document what happened
- Report to management immediately
- File police report if theft
Delivery and Takeout Issues
Common Problems
- Missing items
- Wrong order
- Food arrives cold or damaged
- Excessive delivery time
- Hidden delivery fees
Third-Party Apps
- Contact app customer service
- Request refund through app
- Document issues with photos
- Credit card dispute if refused
Direct From Restaurant
- Call restaurant immediately
- Request replacement or refund
- Keep receipt and packaging
- Document missing/incorrect items
Act Quickly: Report delivery issues immediately. Waiting too long makes it harder to prove the restaurant was at fault.
Taking Action
Direct Resolution
- Speak with manager on site
- Follow up in writing
- Contact corporate (chain restaurants)
- Be specific about what you want
Escalation Options
- Health department: Food safety issues
- Credit card: Billing disputes
- BBB: General complaints
- Online reviews: Factual accounts
- Small claims: Significant damages
When to Consider Legal Action
- Significant medical expenses
- Lost wages from illness
- Severe allergic reaction
- Serious injury from food
Resolve Your Restaurant Dispute
Generate a demand letter for restaurant billing or food safety issues.
Create Your Letter