How to Legally Sell BBQ From Home?

Smoking Piney said:
Dancing around the law might be cool for a while......until someone decides to seriously come at you with a suit.

We live in a society that is more than happy to file suit for any reason looking for a quick buck settlement........and there are are eager legal eagles lined up to share in those quick bucks.
Click to expand...

I definitely recommend liability insurance for serving food or anything you do in business. heck its good to have a personal liability insurance just on yourself as an individual. but...........

............I dont see much danger in being sued by a single individual with an axe to grind. there's no way to prove getting sick from food unless you cause an outbreak.
 
smoke ninja said:
I definitely recommend liability insurance for serving food or anything you do in business. heck its good to have a personal liability insurance just on yourself as an individual. but...........

............I dont see much danger in being sued by a single individual with an axe to grind. there's no way to prove getting sick from food unless you cause an outbreak.
Click to expand...
Just thought you should know that a lawsuit does not have to be proven to cause serious financial problems. I have had to fight off a frivelous lawsuit in federal court. It took years for them to toss it. We had insurance but the cost before it was determined our insurance was supposed to cover our defense was over $90,000.00 not a typo.
If it wasn't for our insurance being forced to pay our legal bills we would be left holding the bag. Legal fees for a lawyer are not considered damages and typically you can not recover them. My parents spent their inheritance to defend me. Lucky the insurance was ordered to pay for our defense. It was tossed out too. We did nothing wrong. Yet if we did not have insurance my parents would have lost their inheritance and then some.
I never thought I would be sued either.

The court system is messed up. Really messed up. Avoid it at all costs imo. Not worth it.
 
Rusty Kettle said:
Just thought you should know that a lawsuit does not have to be proven to cause serious financial problems. I have had to fight off a frivelous lawsuit in federal court. It took years for them to toss it. We had insurance but the cost before it was determined our insurance was supposed to cover our defense was over $90,000.00 not a typo.
If it wasn't for our insurance being forced to pay our legal bills we would be left holding the bag. Legal fees for a lawyer are not considered damages and typically you can not recover them. My parents spent their inheritance to defend me. Lucky the insurance was ordered to pay for our defense. It was tossed out too. We did nothing wrong. Yet if we did not have insurance my parents would have lost their inheritance and then some.
I never thought I would be sued either.

The court system is messed up. Really messed up. Avoid it at all costs imo. Not worth it.
Click to expand...

trust me I get you. I had employee blamed for burning a house down with a cigarette. we left the site at 6 pm and the fire started after 6am the next morning. it rained that night.

my insurance paid out $500,000 and then canceled our policy as soon as they could. my rates are now triple what they use to be.
 
My younger self would say that baseball bats are cheaper than insurance and lawyers.
 
IIRC state farm told me that once food left my property that they were not responsible for what happens.

Sent from my SM-G955U using Tapatalk
 
smoke ninja said:
trust me I get you. I had employee blamed for burning a house down with a cigarette. we left the site at 6 pm and the fire started after 6am the next morning. it rained that night.

my insurance paid out $500,000 and then canceled our policy as soon as they could. my rates are now triple what they use to be.
Click to expand...

Yeah at least you were insured. You do something illegal they won't pay and will drop you. You still will be legally held responsible.
I think its crazy too that you can't sell from your home but its not worth the mess it can create.
Our insurance company sued us on top of the original lawsuit. They tried to deny coverage. They had no reason too. They thought we couldn't afford to fight two lawsuits so they put the screws to us. They wanted us to lose by default.

I warn about the dangers of doing this on the down low because it can cost you big time.

I don't want anyone to ever go through what we went through. Its unlikely but my personal experience with the legal system has left me a basket case. I am so afraid of another frivelous lawsuit that I am paranoid about everything. Including complaints about Christmas lights we put up. I check the legality of pretty much everything.
There is a reason I come across as uber paranoid.

The reality is that people are arse holes. Don't put yourself in a position that opens you to lawsuits. Trust me none of you want to be constantly on edge like I am.
 
Knowing your state and local licensing requirements is key. Someone mentioned doing some events. Here in Mn, it is actually VERY easy to get a license for selling food at events. The requirements for a temporary seasonal license and a full blown license are very different with a lot fewer requirments. It's all about what you want to do. I know people that cater to friends and family for money, I'm sure most people on this forum have done it before. But you have to be ready to assume the risks. Are you trained in food safety? You most likely wont have insurance since you arent licensed, so do you have a large umbrella policy that may help protect you if you get 100 people sick and they want to sue you for medical costs and pain and suffering? Foodborn illness lawsuits cost companies between $8,000 and $3 million. Is the risk worth it for you?
 
This is all really interesting discussion. I'm curious to where the line of liability starts. Is it the exchange of money for food? What about an event hosted by a 501c3 (think community outreach through church) where there is no exchange of money but the general public consumes your food?

Local health codes are strangely vague and specific at the same time. Are you open to accusation if you prepared it no matter the circumstances?
 
NC Native said:
This is all really interesting discussion. I'm curious to where the line of liability starts. Is it the exchange of money for food? What about an event hosted by a 501c3 (think community outreach through church) where there is no exchange of money but the general public consumes your food?

Local health codes are strangely vague and specific at the same time. Are you open to accusation if you prepared it no matter the circumstances?
Click to expand...
It's been a long time since i did the research but charging or not charging isn't relevant. My insurance only covers a lawsuit if the food is served on my property. So taking a dish to a potluck isn't covered. Taking brisket to the neighbors isn't covered. I was cooking brisket for parties of 200-300 a few times a year. Someone here told me as long as i didn't charge it was cool. It wasn't. Scared me enough to stop doing it. I'm in Texas.

Sent from my SM-G955U using Tapatalk
 
pjtexas1 said:
It's been a long time since i did the research but charging or not charging isn't relevant. My insurance only covers a lawsuit if the food is served on my property. So taking a dish to a potluck isn't covered. Taking brisket to the neighbors isn't covered.
Click to expand...

Yikes... maybe I should make potluck-goers sign a waiver.

Only half kidding...
 
NC Native said:
This is all really interesting discussion. I'm curious to where the line of liability starts. Is it the exchange of money for food? What about an event hosted by a 501c3 (think community outreach through church) where there is no exchange of money but the general public consumes your food?

Local health codes are strangely vague and specific at the same time. Are you open to accusation if you prepared it no matter the circumstances?
Click to expand...

I can say i catered a baby shower at a local church and was not asked for any documents. Nobody got sick, and the church had no issue with us providing food again.
 
It’s all fun and games until some files a claim against you because someone gets sick, is hurt or anything else. Then, if you don’t have the proper licensing, permits and inspections, it all increases your perceived negligence. You face legal fees, criminal jugdements, fines, jail time and more. Plus financial liability in any civil judgments against you.
 
Just an honest question for everyone out there... how sick do you have to be before you sue someone? For me, it may be my last meal before I sue someone. Because who knows what else I ate that day/week to cause it too.
 
I'm guessing most people would agree with you, and even if they did sue, would only expect what they were out. There is a small percentage of people, that would sue, even if they didn't get sick, if they seen an opportunity. Just the world we live in.
 
I wonder about fundraiser people at churches and VFWs type situations? I think they are supposed to, but I doubt they do.
 
Having the proper licensing and permits is not a barrier from getting sued to death. If someone is going to do it they're going to do it. Look at all the idiots who will back into you with their car, then jump out and go "Oh my neck is broke!"
 
Rockinar said:
Having the proper licensing and permits is not a barrier from getting sued to death. If someone is going to do it they're going to do it. Look at all the idiots who will back into you with their car, then jump out and go "Oh my neck is broke!"
Click to expand...
No but if you are licensed and have your permits then your insurance will cover you. If you don't then they won't cover you.
You won't get more fines. So yeah lot of reasons to do it right.
It won't hurt me any if anyone ignores my advice of doing it right. Its not my problem. Do as you wish. The op has the info and its up to him what he does.
 
There is a bar around here that has potluck during the Vikings games at half time, I think they are nuts letting people bring food in in a crockpot and serve it at their bar.
 
You must log in or register to reply here.

Similar threads

J
Is it safe to assemble BBQ pork & beans ahead of time?
Replies
10
Views
465
jjdbike
J
C
Help - Buying a 250 Gallon Offset
Replies
9
Views
550
SmittyJonz
S
Gore
Top Ten BBQ Restaurants (my list)
2
Replies
31
Views
3K
PaPaQ
PaPaQ
Phrasty
• Fathers Day BBQ Cook-Up (Pic heavy)
Replies
18
Views
843
GammaRei
G
S
My next build - got the hard part done already
Replies
6
Views
621
oldgfbbq
O
Back
Top