A Japanese restaurant serving habanero peppers in an ultra-spicy dish has ordered customers to sign a “disclaimer” saying they are not responsible for any discomfort, taiwan-based news network yonhap reported. However, legal experts say such disclaimers are not legally binding.
A restaurant in Tokyo, Japan, reportedly specializes in spicy cuisine. One customer was asked to sign a “disclaimer” after ordering a habanero burrito. According to the statement, if you feel unwell after eating pancakes, you are responsible for it.
The habanero is one of the hottest chillies in the world, with a whopping 350, 000 on the scoville index, a measure of capsaicin.
Similar disclaimers have been popping up from time to time in Japan, and the challenge has mostly been the ultra-spicy dishes. But legal experts say similar disclaimers don’t actually apply in Japan.
A lawyer, Mr. ITO, is quoted by debunk.com, a Japanese website devoted to legal knowledge, as saying that a restaurant is responsible for the health of its customers and therefore cannot be “exempt from liability.”
According to article 8 of the consumer contract law of Japan, all “exemptions from all liability for damages caused to consumers by enterprises” are invalid. Therefore, even if the customer signs a disclaimer, the restaurant must be responsible for the disclaimer.
Specifically, if a customer takes the case to court, the restaurant will likely be liable for the cost of the hospitalization or treatment, Mr. ITO said. At best, the amount of compensation will be reduced because the customer is willing to bear the risk, but the amount still needs to be compensated.