Food Trucks Liable in Cases Involving Deaths, Injuries and Property Damage

Posted by Jeremy Rosenthal | Dec 19, 2016 | 0 Comments

There has been a surge in the presence of roadside food trucks serving a limitless array of different cultural delights. A group of vendors in Denver, “Food Truck Row” boasts over 40 vendors, each with their own brand and specialties. The city oversees licensing in their jurisdiction and defines them in their Municipal Code as “Mobile retail food establishments that operate from a commissary and are moveable, as a motorized wheeled vehicle, or a towed vehicle designed and equipped to serve food.” Fox 31 Denver reports there are overwhelming numbers of trucks; in fact, one section of town has had the sidewalks taken over by off-duty trucks that have run out of places to park. Pedestrians were being forced to walk in the street and parking enforcement began taking action. Incidents have recently surfaced nationwide that raise significant concerns of liability of these businesses.

Recent Incidents

  • Tuckerton, NJ: A food truck exploded after propane was ignited by a spark from an oven and damaged several homes.
  • Lakeville, MN: A food truck explosion resulted from an ignition of propane gas. What specifically ignited the gas is undetermined. 11 homes were damaged, as debris was propelled up to 500 feet.
  • Nelson County, VA: A propane tank explosion from a funnel cake food truck sent one injury victim to the hospital.
  • Philadelphia, PA: A food truck explosion kills 2 and injures 9. U-Haul is the defendant charged with negligence for refilling the truck's propane tank that was manufactured in 1948, and had never has a safety inspection!

Lack of Customized Insurance

Food truck owners traditionally have not had insurance programs that are designed for their business model available in the market. These owners usually have a host of separate policies to provide coverage. They need general liability coverage for lawsuits that could arise from injuries, illness, or property damage. Business property insurance is necessary for onboard kitchen equipment. Those who have employees must secure workers' compensation coverage. Commercial auto insurance coverage is needed for collisions, along with other requirements by the local municipalities and health departments.

Two Insurance Solutions Underway

Farmers Insurance has designed a policy to fit these businesses. It is a single policy which combines commercial auto, restaurant, and business owner policies together. The company expects to have the product available in 24 states by the end of the year. Progressive Insurance has a differing approach where it provides the commercial auto coverage and then partners with independent agencies to round out the general liability, business property and workers compensation portions.

Have the actions of an individual or business caused you to become a victim of serious injury? It is critical that you take swift action with legal assistance from a source that is experienced in Colorado injury law. The Law Firm of Jeremy Rosenthal has the knowledge and expertise necessary to make sure that justice is rendered in your case. The consultation is free of charge, so avoid further delay and contact the office today.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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