Employees in cafes are not required to thoroughly inspect every glass for damage. (Photo: © nyul/123RF.com)
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July 2026
Bakery employees are only required to check glasses for visible damage. A customer who allegedly injured himself on a cracked latte macchiato glass was denied compensation in court.
A man sued a bakery for damages after being injured by a cracked latte macchiato glass – unsuccessfully. The Frankenthal Regional Court has ruled on the duty of care that applies to staff in cafes.
A customer drank a latte macchiato in a bakery . Afterwards, he claimed that he had injured his frenulum on the glass while drinking it. The glass had cracked at the edge, he said. The employee must have noticed this sharp edge when serving the drink . He himself hadn't seen the edge because the milk foam had covered it.
He demanded 1.500 euros in damages from the bakery, arguing that the business had violated its duty to ensure safety . Anyone who creates a dangerous situation within their area of responsibility must eliminate it if possible.
The Speyer District Court dismissed the lawsuit. The judge could not determine that the alleged injury actually resulted from the broken drinking vessel.
Operations management
The Chambers of Skilled Crafts in Germany - HWK of Saarland
Operations management
The customer's appeal to the Frankenthal Regional Court was also unsuccessful. The court clarified that employees in cafes are not obligated to thoroughly inspect every glass for damage. A visual inspection for visible cracks and sharp edges is sufficient . Therefore, in the court's opinion, proactive and reasonable measures are adequate.
The court emphasized that providing the bakery with comprehensive security measures was unreasonable. Absolute security, completely eliminating any possibility of damage, is unattainable in practical terms.
The court found no evidence that the glass was damaged in such a way that the employee should have noticed the sharp edge . Furthermore, it considered an injury to the frenulum of the tongue from drinking from a glass to be unusual.
Frankenthal Regional Court, decision of May 15, 2026, file number 2 S 97/25 , (legally binding due to withdrawal of the appeal)
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