Has Anyone Ever Been Sued?

Decorating By heavenscent Updated 16 Jul 2007 , 2:36pm by cakesbyallison

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heavenscent Posted 15 Jul 2007 , 11:36pm
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Ok so semi long story. I did several cakes this week have not had a chance to post pictures yet. Anyways did a small wedding cake & helped best friend make a sculpted cake for her 30th birthday. One of the guest used to be a caterer for private parties weddings etc. So she sought me out said she was impressed with my cakes I just happened to have my digital camera & showed her some of the cakes I had on it. I do not have a kitchen like most of you I do it out of my house. She said she did not hear me say that. She highly recomened me to get kitchen certified some class that helps protect you. She said I needed to get insurance but in order to do that needed a licensed kitchen. She said the insurance would protect me if someone ate the cake & tried to say it made them sick so they could sue me. So now I am all freaked out not that my cakes would ever make anyone sick. But the fact that you never know who is sue happy these days. What is your thought on the matter does anyone have any stories. It makes me want to rethink the whole thing yikes icon_eek.gificon_eek.gificon_eek.gif

20 replies
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heavenscent Posted 16 Jul 2007 , 1:13am
post #2 of 21

ok bump 18 views and no opions?

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BrandisBaked Posted 16 Jul 2007 , 1:17am
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I've never been sued. I probably never will be. But do I want to wager everything I have on "probably"? Nope.

Therefor, I'm licensed and insured. Only way to go.

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TexasSugar Posted 16 Jul 2007 , 1:18am
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In Texas you can not legally do cakes out of your home kitchen, so I seriously doubt you will be able to get liscenced to do so.

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heavenscent Posted 16 Jul 2007 , 1:23am
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Yup I am fully aware you can not cook out of your kitchen for profit. Her point was to find a kitchen which at this point I can not afford one. She suggested finding a kitchen then also get the insurance. Brandi do you have a store front or are you able to bake out of the house?

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BrandisBaked Posted 16 Jul 2007 , 1:30am
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I am a home-based business, but bake out of a commercial kitchen. I go there once every two weeks or so - bake as much as I can. I pay about $13/hr. - so twice a month isn't so bad. I will go more often if I have a last minute order (but I charge extra for rush orders because of this).

It's kind of a pain, which is why I am converting my garage.

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nicolevoorhout Posted 16 Jul 2007 , 1:36am
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I know the rules are slightly different country to country, but if you are doing it as a hobby then it is different but if you want to run a business, whether it be part-time, home-based, shop-based you should have 3rd party liability insurance, I had it when I ran a home-based catering business in London, England, $90 for the year and meant that if someone happened to get food poisoning and sued me then I had coverage. I mean obviously any of us would be mortified if anyone got sick from one of our cakes, but as a food based business I would say once you are licensed you definitely should get it, better to err on the side of caution.

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indydebi Posted 16 Jul 2007 , 2:24am
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You just need to talk to your insurance agent and see what is available. If you can't get a business liability policy, perhaps he has an option for something like a personal umbrella liability policy that might cover your baking "hobby" ( icon_wink.gificon_wink.gif ) activity.

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heavenscent Posted 16 Jul 2007 , 2:28am
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Thanks indy for the suggestion I will give him a call first thing monday. icon_wink.gif

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chloe1979 Posted 16 Jul 2007 , 2:48am
post #10 of 21

I have insurance--190 a year for something like 300k coverage if I remember correctly. It also covers in case any of my equipment would get ruined (fire, etc). We can be home-based in Iowa, but I am also City-Licensed just to have that other "feather" in my hat so people don't question me regarding my practices/legality. thumbs_up.gif

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whitneysmere Posted 16 Jul 2007 , 2:52am
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FWIW, I looked into small business rules, insurance, etc... in the state OH. I have a friend who has a peanut brittle business. She told me that her insurance, for her LLC, Limited Liability Corp, runs her about 600 dollars a year. I don't think thats a high price to pay for peace of mind that some crazy person won't be able to sue you and take everything you've worked so hard for. Also, I looked into home bakery and licensing, and in OH, you can have a home bakery. But, you can't have pets in the home (or carpet in the kitchen?!). I have a dog. So, since he was here first, I may have to rent out space eventually.
Good luck. icon_biggrin.gif

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chloe1979 Posted 16 Jul 2007 , 4:00am
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I also have an LLC--limited liability corporation, so any suits would apparently be pointed toward the business, and not me personally, unless there was gross intentional negligence (purposefully using rotten eggs, etc.). Our state also has the rules about no pets and I have never heard the carpet in the kitchen but it would scare me to see what my kitchen would look like after all the baking!! icon_surprised.gificon_surprised.gificon_eek.gificon_eek.gif

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indydebi Posted 16 Jul 2007 , 5:05am
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omg, I lived in a house that had carpet in the kitchen when I first started making cakes.

you're right .... you DON'T want that!!

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GenGen Posted 16 Jul 2007 , 5:21am
post #14 of 21
Quote:
Originally Posted by heavenscent

Yup I am fully aware you can not cook out of your kitchen for profit. Her point was to find a kitchen which at this point I can not afford one. She suggested finding a kitchen then also get the insurance. Brandi do you have a store front or are you able to bake out of the house?


which is why when i get cake orders i quote them the fee as the cost of materials. and i'm honest too. if they pay more i consider it a tip. it probably doesn't fit in the ok category in the sense we're discussin but i try

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MahalKita Posted 16 Jul 2007 , 5:30am
post #15 of 21

Now this might be a stupid question but can you get sued if you say bake cookies/cake for your nephew. You take it to the party & it is part of their gift (i do this all the time). Someone says they got sick. Can they sue you?

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tyty Posted 16 Jul 2007 , 5:34am
post #16 of 21

I am now in the process of finding a food health class at city college to get a license. Then I have to find a licensed kitchen. Where I live the hotels will not let you come in with a wedding cake without a license. I have had to turn down wedding cakes because of this. I have someone who is going to help me with this part but where do I get insurance? Do I go through a regular insurance company like Allstate?

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indydebi Posted 16 Jul 2007 , 11:31am
post #17 of 21
Quote:
Originally Posted by tyty

but where do I get insurance? Do I go through a regular insurance company like Allstate?




Start with your insurance agent ... the guy who handles your car insurance and your homeowners insurance. I prefer dealing with an independent agent as opposed to a house-agent (one who has access to multiple insurance companies as opposed to an Allstate or a State Farm type who only has access to one company).

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tyty Posted 16 Jul 2007 , 12:46pm
post #18 of 21

Thanks for the info.

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Hippiemama Posted 16 Jul 2007 , 2:25pm
post #19 of 21

I'm in the process of opening my business (catering now, cakes later icon_smile.gif ). I am looking into insurance right now. I would not sell any food item without it being in place. You are correct in saying it is a sue happy society. I don't want my personal assets to be seized by being sued for a food related item.

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indydebi Posted 16 Jul 2007 , 2:34pm
post #20 of 21
Quote:
Originally Posted by Hippiemama

I don't want my personal assets to be seized by being sued for a food related item.




Excellent point. To avoid this, you should set up at least an LLC in lieu of a sole proprietorship.

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cakesbyallison Posted 16 Jul 2007 , 2:36pm
post #21 of 21

heavenscent - you cannot be legal in the state of Texas to sell food products from your home. In order for you to be food safe certified and insured, you must operate your business from a commercial kitchen. Not sure about Lewisville is in, but you can check with your local city health department for more information. I have recently invested in renting commercial kitchen space in order to obide by these regulations, so if you have any questions, you can pm me. It's not only a matter of being sued by an individual (God forbid!) but also being fined by by the health inspector (yikes!)

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