Refusing Service Lawsuits
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Can a Restaurant Be Sued for Refusing Service to a Customer?
In most cases, a business is allowed to refuse service to patrons and customers. This is usually allowed if the customer is being disruptive, uncooperative, or is violating business laws or health codes.
However, there are certain instances when a restaurant might be sued for refusing service to a customer. These include situations like:
- There is no discernable reason for the refusal, and the refusal caused the customer to experience financial loss or injury
- The refusal of service violated the customer’s equal protection rights
- The refusal of service violated terms of the Americans with Disabilities Act
- There was a breach of contract between the business and the customer
Sometimes, filing a complaint with a business bureau or with a city agency can help to identify a situation. In other cases, it may be necessary to file a lawsuit in order to seek a legal remedy.
What Are the Legal Remedies for Refusing Service?
This depends on the type of loss or violation involved. In the event of a breach of contract between the customer and the business, remedies may include:
- A damage award to cover losses caused by the breach
- An injunction requiring the business party to perform the services or transfer the products
- Adjustments to the company’s business policies (especially if they are discriminatory or in violation of constitutional rights)
For most breach of contract claims, the plaintiff must usually choose between a monetary damages award and an injunction if both are available. In most cases, the judge will make clear which options are available and whether or not the plaintiff can pursue a certain option.
Should I Hire a Lawyer for Help with Business Lawsuits?
Filing a lawsuit for a refusal of services can often involve very complex legal terms and concepts. You may wish to hire a qualified lawyer in your area for help with a legal case. Your attorney can help you with the filing and can represent you during court meetings to ensure that you obtain the appropriate remedy.
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Last Modified: 10-22-2013 11:55 AM PDT
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