Apparently the Ganns of Tennessee believe so.  Late last month they filed suit against a local restaurant, its related corporate entities, and an unknown waiter, claiming that the waiter provided their son (age not given) with a "deleterious" hot sauce.  The Complaint alleges that after, putting the sauce in his chili and tasting it, Caleb Gann immediately broke out in hives, had trouble breathing, and was taken to the hospital with gastro-intestinal problems.  After calling the restaurant, Steak-n-Shake, to complain, the Gann's were informed that the sauce was "Mega Death Hot Sauce" produced by Blair's Sauces and Snacks. 
A few thoughts on this-- and someone on the hospitality side might have additional thoughts:  if this is a situation in which the hot sauce itself is unreasonably dangerous, why isn't Blair's, the manufacturer named?  (After all, the Complaint alleges it should require a warning and that it contains ingredients 500 times hotter than jalapeño peppers).  And, shouldn't the name itself and the graphics on the bottle (which include a skull dangling from the top) serve as a warning?  Hopefully the picture of the bottle will post as an illustration-- it makes a pretty good case for assumption of the risk.
In addition to the legal questions, one has to wonder how many people out there are online ordering Blair's Mega Death Hot Sauce just to try it themselves.

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10/19/2010 1:24:04 PM #

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Is 500 Times the Heat of a Jalapeño Too Hot? « judicial system report

11/5/2010 9:06:03 AM #

The most common last words of a redneck (northern or southern) -- Hey y'all (or guys), watch this.
If a customer asks for the hottest sauce available, and they receive it, should they then be able to sue?  To what extent does the customer assume the risk of injury?>

Stacy Moon

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