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Q-talk *ON TOPIC ONLY* QUALITY ON TOPIC discussion of Backyard BBQ, grilling, equipment and outdoor cookin' . ** Other cooking techniques are welcomed for when your cookin' in the kitchen. Post your hints, tips, tricks & techniques, success, failures, but stay on topic and watch for that hijacking.


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Old 07-13-2015, 03:15 PM   #1
pjtexas1
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Join Date: 12-28-11
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Default When am I liable???

I was trying to get coverage for my smoker today and had a scary conversation with my agent. They will not insure my smoker because of the liability...someone burning themselves on my cooker or getting sick from the food. All I wanted was to cover the cost if stolen like some do for jewelry or other expensive items they own.

That brought up another question....when am I liable? I have always been told that I was only liable if I was selling or charging. My agent said I was liable for any food that comes off my cooker and that I was covered under my home owners policy if it was served at my house. Here is the scary part...if the food leaves my property I am still liable but that I would NOT be covered by my home owners policy. Any insurance agents or anyone else with more experience out there that can clear this up for me? I have a cook tonight for a friend of a friend and now I am thinking about backing out.
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Old 07-13-2015, 03:24 PM   #2
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Sure, you're liable BUT only if someone can prove that you acted negligently in storing, preparing, or serving the food AND they got sick because of it.
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Old 07-13-2015, 03:26 PM   #3
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Your agent is correct. Even of you are doing it for a friend or donating the food, if it leaves your house and they attempt to come at you for getting sick, it is not covered under a homeowners policy.. Insurance companies consider that "selling" which requires a commercial policy. EVERY state is different when it comes to this "law"

If you are worried then don't do it. If you have a really good relationship with your friend and know they will handle the meat properly, then do for you friend.
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Old 07-13-2015, 03:28 PM   #4
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Liable is a greasy, pliable word.
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Old 07-13-2015, 03:29 PM   #5
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Just don't make anybody sick............
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Old 07-13-2015, 03:31 PM   #6
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I might be wrong but if you buy a food handling permit you were okay , I would call your local Dept. of Health to be sure .
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Old 07-13-2015, 03:33 PM   #7
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I might be wrong but if you buy a food handling permit you were okay , I would call your local Dept. of Health to be sure .

If you were to buy a "Food Handling Permit" and then mak someone ill it would be that much easier to be found liable.
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Old 07-13-2015, 03:44 PM   #8
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It should be covered as property as part of homeowners policy for theft if that's what you're concerned with....but take a picture of it and have it on file with your carrier.

The downside is turning in a theft claim is the absolutely worst thing to a insurance company....rates sky rocket or drop you.
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Old 07-13-2015, 03:48 PM   #9
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Liable for what? The extra toilet paper that day and sprite/saltine crackers?

Look, I would hate for anyone to get sick off your Q, but this litigious society we live in is getting ridiculous.

Were you able to get coverage against theft? I was thinking about doing something like that when mine gets here.
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Old 07-13-2015, 03:51 PM   #10
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so if your wife baked her friend an apple pie etc and took it to her house, she got sick on it then the same issue would occur

I dont know what difference the smoker makes.

so you better not do that either I guess
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Old 07-13-2015, 03:53 PM   #11
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Quote:
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Liable for what? The extra toilet paper that day and sprite/saltine crackers?

Look, I would hate for anyone to get sick off your Q, but this litigious society we live in is getting ridiculous.

Were you able to get coverage against theft? I was thinking about doing something like that when mine gets here.
I can't stand it when people belittle food poisoning as if it is simply an upset tummy and diarrhea.
If someone is young, or old, or pregnant, or has a weakened immune system, it can be deadly.
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Old 07-13-2015, 03:58 PM   #12
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state farm said they would only cover $1500 if my shirley gets stolen....and thats it....thats the only coverage they will offer at all. and thats just a part of my renters policy
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Old 07-13-2015, 03:59 PM   #13
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Its no different than if someone comes over and gets right ripped and ends up piloting a vehicle whether you knew or not you could be liable. When you're charging just adds government inspections and approved kitchens for cooking for the masses.
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Old 07-13-2015, 04:22 PM   #14
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Quote:
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I can't stand it when people belittle food poisoning as if it is simply an upset tummy and diarrhea.
If someone is young, or old, or pregnant, or has a weakened immune system, it can be deadly.
I'm not belittling it. Food poisoning sucks but it usually is "simply an upset tummy and diarrhea."

I'm tired of people thinking they are entitled to other people's money to the point where folks can't be neighborly anymore without the risk of being sued.
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Old 07-13-2015, 04:23 PM   #15
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Have you looked into an umbrella policy? Might be something you could negotiate into a policy. I'm not an insurance agent and I don't have a policy so I don't know if it is worth it, but might be worth looking int.

https://www.geico.com/information/ab...ance/umbrella/
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