Aussies warned after traveller 'told to sign waiver' after ordering burger

Everyone has their own preferences when it comes to how they like their food cooked, and in particular, people can be quite picky when it comes to meat.

Though it's not uncommon to ask for rare beef, a traveller said he was "flabbergasted" when he was told to sign a waiver after ordering "a medium-cooked" burger at an overseas Hilton hotel.

"When I had my first bite, she brought me a release form and said we always make our burgers well done, but since you wanted it medium ... you should sign this," the traveller said of their experience at the Toronto establishment late last week.

Traveller's shock after told to sign 'medium-cooked' burger waiver

Though the form was intended to clear the hotel from damages relating to food-borne illnesses, it's resulted in an onslaught of deeply heated debate over whether the hotel acted rationally, or if the move reflects just how litigious we've become as a society. According to one Australian lawyer, being asked to sign a waiver at a restaurant "is unusual" but "not unheard of".

Speaking to Yahoo News Australia, Shine Lawyers’s Senior Solicitor Joel Tucker said food-related illnesses are a "very real risk" when it comes to legal action against hospitality operators in Australia.

Lawyer says scenario 'not unheard of' in Australia

"If someone was served undercooked food in NSW, which has the potential to inflict harm on the consumer, and that undercooked food caused an illness or injury, they could certainly bring a claim against whoever it was who served them that food," Tucker told Yahoo.

"It is a very real risk, and likely to be in the forefront of the minds of those small business owners operating in the hospitality industry."

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Tucker said that it's "not uncommon for businesses that provide goods and services, that may have the potential to result in harm", to ask that those they engage with sign a waiver.

"It is unusual, albeit not unheard of, for restaurants to ask customers to sign waivers if they are considering purchasing a potentially dangerous meal," he said.

"That being said, waivers do not provide total protection to those who cause the harm. If the waiver is lengthy, confusing, or if the person signing the waiver simply hasn’t had enough time to read and understand what it is they are signing, the waiver is unlikely to hold up in court."

What do you think?

The traveller in Canada said he was in fact confused as to why he wasn't made aware of the protocol beforehand. "I tried to be nice so I paid and left, but could not eat the burger," they wrote. "How can you sign a form like his and still eat it?"

Tucker said this highlights the importance of making sure whomever signs the waiver knows exactly what they're putting their name to first.

"Just because someone signs a waiver does not mean that the person issuing the waiver is suddenly able to do whatever they want," he explained. "If they act negligently...such as serving improperly prepared or even dangerous foods that ought never to be served, a waiver is of no worth and offers no protection. It is certainly something those small business owners need to keep at the forefront of their minds.

"Whether or not signing a waiver before ordering a blue steak is taking it a bit far; the jury is still out. What we know for sure is that waivers are not bulletproof armour for those who owe a duty of care to others, but that to consumers who are at risk of suffering harm, signing one can be very problematic indeed."

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