Introduction
Desmond asked Funmi out on a date, and they agreed to meet at a fancy restaurant on the island. On getting there, Desmond, being the gentleman that he is, ordered a mild Vodka mocktail and some mixed grills, while Funmi ordered a glass of milkshake, some French fries, ketchup, and some Margherita Pizza.
It happened afterward that for the rest of that day and night, neither of them had peace as they were both vomiting and frequently visiting the toilet. On getting to the hospital, several tests were run, and the doctor diagnosed food poisoning.
Now the type of food poisoning we will be discussing in this article is the type described above, which is a wide variety of food-borne illnesses caused by bacteria, viruses, parasites, fungi, etc. And not where a harmful substance is purposely introduced into your food to cause you serious harm that can lead to death.
Food poisoning could come from improperly washed pesticides on food items and bacteria in undercooked livestock, amongst many others.
What is the position of the law on food poisoning and how to prove food poisoning?
An action in law for food poisoning falls within the jurisdiction of negligence in the Law of Torts, where the manufacturer of an item or product owes a duty of care to whoever consumes such product. A case law is the celebrated case of DONOGHUE v. STEVENSON, where it was stated that manufacturers owe a duty of care to the consumers whom they intend to use their product.
However, before you can prove food poisoning, there must be evidence that:
The manufacturer was negligent.
The manufacturer knew about a defect in the product that endangered its consumers and decided not to tell those consumers.
The product itself was inherently dangerous, and the manufacturer did not provide any warning to the consumer about its potential hazards.
It was the actual food or drink in question that caused the illness and not food or drink from anywhere else.
And that you suffered damage in the process.
Only a person who has suffered damage can sue for negligence, as damage is key in suing for negligence.
This is why whenever you encounter food poisoning, it is best that you are diagnosed by a doctor, with results from tests to attest to that. If you did not go to the hospital, it might become difficult to prove that you had health issues resulting from your consumption of the product in question.
This is because to pursue and succeed in a case of food poisoning, a lab-confirmed positive test showing the specific pathogen that made you sick is better evidence.
Remedies available in court for food poisoning
Once you can prove the damage that the restaurant or manufacturer’s negligence has cost you, the following are some remedies available to you in court:
- Medical costs.
- Compensation for lost wages or reduced earning capacity.
- Damages for all pains and losses caused by the food poisoning.
You deserve compensation after suffering from food poisoning. Even if you didn’t go to the hospital, you could get money to cover your other damages.
Apart from the remedies above, if the court finds out that the restaurant or manufacturer of such food or drink consumed acted with gross negligence, the petitioner may be awarded exemplary damages.
Exemplary damages have nothing to do with costs earlier incurred; they are solely awarded to punish the defendant, which is the manufacturer or restaurant in question.
Why you may not want to sue.
Approaching the court in this type of case may be time-consuming and expensive. After weighing your options, you might want to settle for other means to bring such a restaurant or manufacturer to justice. Some of those means may include:
Reporting them to relevant authorities like the National Agency for Food and Drug Administration and Control (NAFDAC), the Local Government of the area in which the restaurant is, the State Ministry of Health, the Federal Competition and Consumers Protection Commission (FCCPC), etc.
Conclusion
To succeed in a negligence lawsuit within this context, it is important to be able to prove that your illness was because of the food or drink you purchased and consumed from the restaurant or manufacturer in question. Should you have any questions or concerns, consult your lawyer for a better understanding, or click here.