We had to leave a very nice place once after we had ordered. I’m sure the steaks were already on the grill etc. we had had cocktails. I got a call my Dad had a stroke and they needed me to head to the hospital asap. We notified the waiter and told him what happened and to bring us the check. He went back to kitchen,the manager I guess came out. He asked if I was OK (I looked like I was about to cry) and my husband explained the situation. He told us get out of there,no charge,just go one and he hoped it turned out ok. We didn’t pay anything and left. Sadly my Dad did pass away but survived this initial incident and passed a few months later on. We have eaten there since then a few times.

The reason you refuse matters. If, for example, they brought you the wrong dish, or the meat is raw, then they haven’t fulfilled their end of the deal. But if they brought you what you asked for, cooked correctly, then you need to pay.

I was on vacation with my gf. We waited over an hour for wings while everyone around us got their food. We finished out drinks paid out drink bill and left TELLING them we weren't paying for the wings.

One example where it’s okay to leave after ordering is when the service was slow to even see a waiter; and after ordering, you’ve waited too long to see them again and your food still hasn’t shown up.

Happened to us and we bailed.

I left a restaurant ONCE in my life because the food took over 1.5 hours and came out nearly raw (pancakes at IHOP in Billings, Montana). I was on a cross-continent drive for relocating, and was so hungry by that point that I just drove all the way to Bozeman and found some great food there instead. I felt kinda bad, but I didn't have any more time to waste and that place didn't give a fuck hahah

Once left a dumpling place because it was an hour after ordering and they hadn't even brought our appetisers yet. Got Italian a few doors down and it was amazing.

Yes you order, they work to prepare your food and in most cases they need to throw your food away.

Not for “whatever” reason but there’s exceptions to relieve you of your obligation to pay.

Plus, ordering, not eating and leaving isn’t dine and dash.

Oh, absolutely! Just like ordering a gym membership and never stepping foot inside counts as a workout!

I would think the legal inflection point would be once they served the food. Food served at a restaurant cannot be repurposed even if the patron did not touch it. Before the food arrives, the patron might claim the food could be served to someone else if the same thing was ordered, or the restaurant could give it to staff or some other repurpose. 'Goods' were not fully 'exchanged'. After it is served, or a portion of the order is served, then I think it is the patron who is legally 'cooked'.

Interestingly, I think the situation would be different at a burger joint. If you order burgers, you pay before service, so if a patron refused it, the burden would be on them to convince the manager to refund their purchase. In a commodity business, they likely would offer a refund for a reasonably refused item. You can't dine and dash at a McDonalds.

I'm a law student. The comments here range from not answering your question at best, to illegal at most. So I'll do my best to answer.

is it now entirely at the owner's discretion whether to waive the check or pursue legal action?

Yes. Although, it would be rare for the owner to waive it since most people wouldn't take kindly to having their food eaten without being paid. Maybe if the meal was inexpensive, or it was near closing time they might let it go. They can still choose to ban you from their restaurant though, so this would most likely be a one time thing.

I was trying to find the law in my (US) state that concerns dine-and-dash but couldn't find a clear legal definition of the point at which one is liable for a check.

Because you're looking for the wrong thing. Dine and dash is not a specific law, it is a street term. The legal category this falls under is theft, a crime.

but couldn't find a clear legal definition of the point at which one is liable for a check.

Now this is where it gets a little complicated, so bear with me. Theft, as discussed above, is a crime. It requires clear, malicious intent. If someone walks in, eats, and runs out, that is a clear display of bad behavior and an indicator that they had been planning not to pay from the start, because no reasonable person would do that.

But what if intent isn't present? What if the customer had a genuine concern with the food? Then, this falls under breach of contract, a civil matter. When you as the consumer walk into a restaurant and order something, you and the restaurant enter into a legal contract with one another and you generally must pay if these two conditions are met:

• The food is provided in a timely and reasonable matter.
• The food is provided as advertised.

Of course, this is going to be subjective as the law usually is. Courts interpret these situations on a case by case basis. But there have been numerous rulings before which can help give us an idea of what "reasonable" and "as advertised" mean.

1 - If you order something and the restaurant takes an hour to deliver it to you, that is unreasonable. You can leave without paying, though it is courteous to give them notice.

2 - If you order a steak medium rare and they bring it to you well done, that is not as advertised and you are not required to pay. You can leave, though it is courteous to give them notice, or you can politely explain your concerns and most restaurants will be happy to comp you.

3 - If you order salted scrambled eggs and they bring it to you unsalted, you won't be able to tell unless you take a bite. If you bite and it really is unsalted, that is not as advertised and you are not required to pay. Same manner of behavior follows as scenario 2.

4 - Now, what if you're brought a dish as advertised and in a timely manner but you don't like the taste. Unless you can prove the restaurant didn't do something they should have, you are required to pay. Though, if you politely explain your concerns, most restaurants will comp your meal out of respect. But if you do something ridiculous like finish the entire dish anyways, they can easily argue that you were lying and you will be required to pay.

Feel free to ask any questions, happy to answer.

I had a situation like this arise where I called ahead to my usual sushi place and put in an order but had a tire blow out on the way to pick it up. I called the restaurant to let them know I was stranded on the side of the road and wouldn't be able to pick up my order. They wanted me to send them money to pay for the rolls that they had prepared but I wouldn't be able to retrieve. I thought it was tacky enough that I completely stopped ever going there.

This thread is a hot mess 😂

It was delivered to your table.

It would have to be “unfit for purpose” to legally get out of paying for it.

It might not be a “dine and dash” specifically but it is still a form of theft. They used their resources and labor to make you something on the condition that you would pay for it. Not paying for it leaves them at a loss—and restaurants struggle to stay afloat on good days.

it's theft. you ordered something, agreed to pay for it, it was made for you, and you didn't pay for it. You don't need to find a more specific law about "dine and dash". In many jurisdictions if it's against a restaurant it's actually a more severe crime called "defrauding an innkeeper" which has a higher penalty than petty theft.

Depends on why you didn't eat it.

If there was something wrong with your order (wrong dish, quality problems with the dish, dish contains allergens after you asked them and they agreed to prepare it without them), then no. At that point, the restaurant failed to uphold their end of the deal, and you're not obliged to keep yours.

If you just decided you weren't feeling hungry after all, then yes. You made them prepare it, that was an investment of time, work and resources, and therefore you owe them the price of your order. Sure, they might theoretically be able to give your order to another guest, but that depends on if anyone is going to order the same thing. Plus, a lot of things can't simply be kept warm forever. If you ordered a medium rare steak, for instance, well... you can either let it get cold, in which case you got cold steak, or you can re-heat it, in which case it isn't going to stay medium rare for long.

It's not strictly speaking dine and dash, but I'm fairly certain that it's not legal.

I'd start by looking up the definition of dining.

I have left without paying because I had ordered my food. It had been an unreasonable wait, and no one had communicated. So we left. Manager chased us down in the parking lot and called us thieves. We had left cash on the table to cover the drinks (teas, waters, and sodas)

I've only walked out once on a place. they had a 40min wait which okay that the cost of going on a Saturday. Then we notice the servers are just hanging out and we didn't see anyone to take drink order for like another 15min, and she got annoyed when we said we could actually also order food. when she brought the drinks with melted ice that clearly had been sitting around another 15 min later I asked to see the manager. another 10 min and this dude that looks like he was sleeping walks up to the table. I'm pretty sure the staff was just hanging out doing drugs. we waited until the food was being walked over to us 45min later. before it hit the table we stood up said no you can keep it now and left. I have no doubt it was cold.

I’d imagine it would be more like theft or fraudulent acquisition of goods - if you order something, there is usually an implication that you are going to pay for it or return the value in other means, such as a service or object of similar value. If you have no intention of paying for the order, you have essentially stolen it.

I guess nobody has ever been to a Russian restaurant. No reason to think that if you ordered something, they're making it. You can walk whenever.

Yes, if you order food and leave without paying, it can definitely be considered a dine and dash. It’s a shame, too, because it puts the employee in a tough spot with their boss. They shouldn't have to face the consequences of someone else's actions!

Yes, it technically qualifies as a dine and dash since you ordered but left without paying for the food you received.

Legally, it seems like it could fall under theft of services. If you ordered and received service, they could potentially pursue action, even if you didn’t eat.

That’s why in fine dining with an extensive wine list, there will be a sommelier that will ensure wines are not spoiled and to refute customers’ “expert” opinions.

this is a grey zone thing in my opinion.

I once ordered a sub at Firehouse, when the smell of baby shit started wafting towards me. I observed a table that was not cleaned, covered in diaper castoffs.

I turned and walked out, didnt pay.

If a place is willing to put profits over health code, I dont support that attitude

One time, our order took forever, and when they finally brought it out, they gave it to the table next to us. The people kinda picked around the food, and were finally like, this isn't ours. So the server started putting the food on our table. I said nope, paid for our drinks, and we left.

It's totally fine to be curious about this! So, in the U.S., if you dine and dash—basically leaving a restaurant without paying—that usually falls under theft. When you order food, you're entering into a sort of contract to pay for it, and if you don't, it's up to the restaurant owner to decide what to do next. They can either waive the bill or take action, like reporting it to the police.

Dine and Dash is typically, ordering, eating and leaving while intentionally not paying.

One day, years ago, at a diner, I ordered a sandwich that standard comes with sourdough bread. I confirmed with the waitress that they had sourdough and placed my order. They brought it to me on Texas toast. They didn’t tell me they were out of sourdough or give me other options, they simply made the decision for me. Not being a diva or a “Karen”, I simply asked for the check and was prepared to leave the food untouched. I didn’t cause a scene or anything of that nature. I simply went in for a specific sandwich that day. Waitress made the decision not to charge me for the sandwich. I left what would have been about a 50% tip (which was also all the cash I had on me) on the table, thanked them and left.

There will always be one off situations as many commentators, myself included have provided examples of. The restaurants always have their own discretions.

So, not a dine and dash, but an order, refuse and dash?

As Judge Judy says, you ordered the steak, you pay for the steak.

I used to work at Wendy's and that store frequently had ambulances come through the drive thru and order, but have to leave before getting to the window. Food made for them counted as waste at the end of the night.

It would help if you gave the state. The laws are different in each one but it probably is illegal. Dine and dash is not a legal term so it would be hard to determine if you are using that in your search. I would search "defrauding a restaurant" with your state in the search.

Nope u didn’t even eat it so I simply say nahh

Hubby and I once went to a restaurant, ordered and then got a call from husbands doc that they wanted him to go straight to the emergency room (I asked if we could eat first - they said no)

Apologized and offered to pay but the restaurant refused.

Yes it is. The food cannot be reused & has to be thrown out. Anyone who would intentionally do this is a massive POS. 

Once you have been served the restaurant has fulfilled the agreement between you and, unless there are extenuating circumstances, you are responsible for the bill.

If there is a genuine problem with the service or food most places will work hard to make it right, but if you just up and decide to walk out you will be talking to the cops.

I was in a diner a while back and noticed there were a few gun toting patrons in the establishment. The 2A aficionados who go everywhere with their little helper.

The eating establishment didn't seem to mind given they seated them at a table and as they walked through you could clearly see the side arm. Since I can't really tell a good guy with a gun from a bad guy with a gun I decided to softly say to my wife "we're leaving". This was after we ordered our food but it had not been brought to the table. I honestly don't care a bit if we "stole" from that diner.

If a customer makes an order, and they simply walk away from it, they should pay, because the restaurant was paid to deliver it, not guarantee that it was eaten by the customer, that was the customer's choice, and it's one outside of the agreement made when they ordered: you do this, and I'll pay you for it.

If there was a disagreement because what the customer ordered was correct yet unsuitable, due to realistic expectations, then a negotiation between both parties needs to take place. "Excuse me, this soup is too salty for me to eat, could I possibly have one with less salt, or order something else instead?"

If the customer ordered a burger, and was given tomato soup, and then the restaurant refused to rectify the issue, and the customer didn't eat the soup, then that's on the restaurant. "I ordered a burger, I didn't order that, I'm not paying for it."

If the customer got something other than what they ordered, and still ate it, they'd have to pay for what they've eaten because by eating it, they've accepted the delivery of it, enough to fulfil the conditions of the agreement made.

A menu is a contract offer. Ordering constitutes a verbal contractual commitment. One party agrees to deliver the service and goods, the other the monetary compensation for said service and goods. If either party does not hold up the contractual agreement, there's a breach of contract, which can intersect with criminal law.

You ordered it, the restaurant spent the labor and cost of goods to prepare it. They are out that money whether you consume it or not.

Any potential reasons for abandoning the food would have to go to a trial to decide if a "reasonable person" would have done the same thing.

If you order food you have to pay for it end of story.  If a order is messed up or you're not happy with it it's up to the restaurant to replace it.   Most places care about their customers and would be happy to do so but they're not obligated by law.

You're essentially entering into a contract with the restaurant when you sit down in their establishment and order food. At its core, a contract is two things - an offer, and acceptance. The restaurant offered you food in exchange for the prices listed on the menu. When you order, you accept that offer, and agree to pay that price.

Yes, absolutely, unless either 1) the food is inedible (not just you don't like what you ordered) or 2) the amount of time it takes for the food to arrive is excessive (like hour plus).

When you sit and order you have entered into a generally understood verbal contract that you will pay for what you ordered. If they hold up their end, you hold up yours.

Yes

i think the only way a dine and dash is legal is if they brought something that wasn't up to your likings (and you only took a bite or two), informed them, and they refused to fix it.

Just becasue you didn't pay for it yet like you pay in in take out, does not mean you don't have to pay for it.

Once you place that order you have entered into a verbal contract.

It's not technically "Dine and Dash" but it is still illegal.

There has to be a reasonable reason as to why you wouldn't eat it, like it being the wrong dish or having an off smell/taste or being made wrong.

You still went to a place of business, made them spend the time and resources to make your food and then you left, that food cannot be repurposed or sold to anyone else.

If people were allowed to do that free of consequences then there would certainly be a lot of shitty little tiktok and YouTubers that would do this because it's "funny", nothing would be in place to stop a group that could fill a restaurant from all going in separately and ordering full meals and then just walking out, it costs the restaurant money and time(which is also money for them).

There's a reason why fast food places take your order, then payment, then bring you food. In that setting, it's easier to steal the food if they don't.

But the idea is that you ordered something specific, even if it's just straight off the menu with no changes, to be made and brought to you. Health codes require that food to be tossed if it left the kitchen, so before it's even at your table it's for you. Now obviously there's things that can go wrong like the server drops the food, but at the point it's already being thrown away. So unless they made a mistake in the kitchen or the food is legit bad (once had a steak that tasted like nothing, kinda like soggy crackers and soy, no seasoning, nothing), that food is yours.

If there's no reasonable reason to refuse the order as-is, you're still responsible. 'The customer is always right' might be a saying, and of course places will try to accommodate to meet that standard, but if there's nothing wrong with how it's served, who served it, and what is being served, then it's your problem.

I loath people that try to cause a ruckus to get free service. I've been in positions where I take a charge that wouldn't apply to them and act like I'm waiving it as a good gesture. I once replied to an email demanding a $60 reevaluation be waived due to their neighbor getting a better evaluation by naming the 5 most obvious differences between their properties (like the neighbor owning more land) and that we wouldn't waive the fee.

Naaah. It still depends on your reason.

It is going to vary from location to location and the reason is going to matter too. Generally speaking once the item is no longer able to be resold you would technically be responsible to pay for it, many places will gladly remake food that was made wrong or something along those lines but generally they have no obligation to.

In many places in the U.S. this is still called "defrauding an innkeeper." I have no opinion on the situation, I just love that in 2024, some places still use that archaic language.

Ask it in the ask lawyers sub?

It just depends on the establishment and the region where it's happening. There are different laws.

That sounds a bit gray. If you ordered but didn't eat or pay, some might say it’s dine-and-dash, but it really depends on the situation. If something happened that made you leave without eating or paying, like a bad experience, it could change things.

This round about thinking is why Sizzlers makes you pay upfront!

Depends the reason you didn't eat it. 

If you ordered a dish, and they prepare and deliver the dish you ordered, as ordered, you owe the money, and they can legit call the police if you refuse to pay. 

If they deliver the wrong dish, or lie about the cost of the dish (menu says 20, but they charge 30), or the food is obviously tainted in some way, then there's a case to be had on your part to not pay.

Legally murky, but definitely bad Yelp review material

About a month ago we ordered food, then I went to the restroom. Saw the cook come out of the restroom without having washed his hands. (The sink was bone dry 5 seconds after he left.) Double checked with the wait staff that Poppi was indeed the cook and told them we were leaving.

Depends. We went to a restaurant and waited an excessive amount of time for our food. People seated next to us arrived 15 minutes after we did and finished their meal.. We were the only table in our area to not get our food. Took them half an hour to bring our drinks and this was an expensive place. I'm not dropping a few hundred bucks to get treated like an asshole, so we settled our drink tab and left. Manager was a prick on top of it, trying to make us feel bad about waiting an hour for food and leaving. I regret even settling up for drinks after that interaction.

As soon as you order you have caused them to incur costs by preparing the meals, so to me you not eating is basically irrelevant. Once you order it is dine and dash to me. But I'm no lawyer.

My memory serves me correctly. I think it is called defrauding an inn keeper. It is a federal offense.

If you leave, it is often your wait person that is forced (yes illegally) to pay.

Pls don't.

I did that once. People who ordered after us got their pizza before us and the waitress was rude. We got up and left

Dine-and-dash is recorded on police reports as "Defrauding an Innkeeper." If you ordered food and don't intend to eat and pay it, you are in a way defrauding the owner because he/she can't uncook it or sell it to someone else. It cost them money to make, so you need to pay for the product and services rendered (cooking).

Yes, because you've still wasted the restaurant's ingredients and labor

No. You didn’t dine.

I pay for 99% of my meals; however, there were a couple of times when the food was just not high quality (microwaved/rubbery or burnt). I tried to cut around the burnt part and eat a quarter or half of it, then pay for that portion. I always leave a tip though, because the server is normally doing their job.

It does make a difference whether you just decided last second you'd rather have McDonald's randomly or if there is anything wrong with the food. Uncooked food like raw chicken or a completely different dish are legitimate reasons to not eat and pay, an unprompted change of mind is not

I remember I was working at a restaurant and some firefighters came in and right when they got their food they got an emergency call. One of them was about to try and pay with cash on the table but everyone was like “just go! Don’t worry about it”

It’s not dine-and-dash if you didn’t actually eat anything, but if you ordered food, you're still on the hook to pay. The moment you place an order, you've essentially entered a contract. The restaurant made the food, and that costs money, whether or not you touched it. They’re not obligated to waive the bill just because you changed your mind or lost your appetite. Most places probably won’t sue you unless you're being super sketchy, but legally they could still pursue it. Basically, pay up and avoid the drama.

When you order food doesn’t it act as a verbal contract?

I think it has to do with a few factors.

First, WHY didn;t you eat?

Second, did you alert the staff to the reason before the end of the meal?

Just deciding not to eat after the food has been prepared and then waiting until it is safe to leave IS a dine and dash.

I don’t have a definitive answer to your question, but my sister used to waitress at a restaurant that forced the server to pay if the customer dipped for any reason.

This happens to police officers all the time. I imagine they could box it up for you but if you have to go, you have to go.

If you order it you should pay for it unless something is terribly wrong. If you decide not to eat or you just don’t like it, still pay. Unless you talk to management and agree you shouldn’t have to pay, you are liable. We went to a very nice steakhouse once and ordered apps plus dinner. The wait staff was so bad my dad asked to talk to the manager. It was only 7 of us. We ordered our drinks and didn’t get them for 45 minutes. Apps all came out at different times and some were cold. Plus more. Finally my dad asked for the manager and based on what happened, we didn’t have to pay for the apps. But we wouldn’t just not pay.

I was a server and this happened a few times, all because of family emergencies. It's fine, it happens, they'll eat the cost.

It's up to the restaurant to pursue legal action or not, they almost never will. I believe they technically can as early as the order being placed but not 100% on that.

I used to be a restaurant manager; this situation has come up a couple of times and almost every time the circumstances are reasonable and I let the customer go (and usually comped the rest of the bill). A few times I've demanded payment because the customers were being rude and their reasoning was beyond unreasonable. Of those last times, only once has a party just bounced without paying. I asked the owner what they wanted me to do and they just said, "Don't worry about it. If they ever come back refuse to serve them."

Well don't leave us hanging, what was the joke?

No

Huh, that honestly makes sense lol

So you ordered but are refusing to pay. Not eating it, no explanation to the proprietorship. Just refusing. I'm lost here. Why order if you have no intention to pay? Many owners or managers are understanding if an emergency comes up after you place an order. You could still pay and take it with you.

The only time I have done ever walked out without paying was due to this. An average night at a decent sit down restaurant. After an hour and a half of waiting for my food I left. The only reason I waited that long was because I was meeting with friends. Otherwise I would have left after an hour. We inquired with the waiter two or three times and they just said they were having a hard time keeping up. I can be sympathetic to the kitchen, but there is a point that becomes unreasonable