"As I had no idea how dangerous these sauces could be or which ingredients are put in the sauces, I started putting a lot of these sauces inside my tacos, Manz wrote in the filing. He alleged that he experienced unpleasant symptoms after eating the tacos, including burning in his mouth and tongue, an increased heart rate, nausea and tongue blisters."
"Mr Manz has failed to state a claim that Los Tacos negligently served excessively spicy salsa at the Times Square location, the judge wrote. Ho noted that Manz had not shown that he was unable to obtain information about the salsa's spice level before eating it."
"A reasonable person with Mr Manz's characteristics could have easily discovered that the salsa at Los Tacos was spicy, Ho wrote. Manz admits that he never asked anyone, whether a customer or a Los Tacos employee, about the contents of the salsa bar before putting a large amount on each of his tacos."
Faycal Manz, a German tourist, sued Los Tacos No. 1 in Times Square for $100,000 after experiencing severe symptoms from spicy salsa he consumed at the restaurant's self-service salsa bar. Manz claimed he was unaware of the salsa's spice level and that no warnings were provided. He reported symptoms including mouth and tongue burning, increased heart rate, nausea, tongue blisters, and subsequent gastrointestinal issues. US District Judge Dale Ho dismissed the case, finding Manz failed to state a valid negligence claim. The judge noted that Manz never inquired about the salsa's contents, had a known history of gastrointestinal problems, and typically avoided spicy foods. Ho concluded a reasonable person with Manz's characteristics could have easily discovered the salsa was spicy.
Read at www.theguardian.com
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