Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Compensation For Salmonella Poisoning at Gold Coast Restaurant?

Discussion in 'Personal Injury Law Forum' started by Goldcoastsick, 17 March 2015.

  1. Goldcoastsick

    Goldcoastsick Member

    17 March 2015
    Likes Received:

    Quick question regarding the recent salmonella outbreak at the Gold Coast. I ate at a restaurant currently shut down due to the out break and I have been now off work for 4 business days and chronically sick for a total of now 7 days. Pathology tests today confirm this being due to salmonella. Is there a road to take for compensation from the suppliers in a situation like this or is it tough break move on?
    Thanks for any advice
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    Seek the advice of a Queensland lawyer who works in the field of personal injury.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. procrastinasian

    procrastinasian Well-Known Member

    31 October 2014
    Likes Received:
    Hi Gold Coast Sick. I am so sorry that you went through food poisoning. I agree with Tim that maybe you should seek help from a lawyer. But for the sake of general discussion, I would like to give my opinion.

    Generally, you could lodge a claim for negligence against the restaurant. You have 3 years from the date of the incident to do that.

    However, in terms of that route, I would personally be reluctant to lodge a civil claim. 'Chronic' is generally defined as lasting 6 months or more so your current state would be considered acute. It's a bit too early to tell the extent of your sickness, and I REALLY hope you get better soon.

    If you get better in a few days, the challenge in a compensation claim would be the damages. There's no substantial loss in a few days off work due to sickness. Even with pain and suffering, your claim may not yield enough to merit pursuing a legal action and incurring those costs in relation to what you might win in court. Maybe nominal damages.

    You may also consider just seeking general "justice" by filing a complaint with the ACCC Complaints & problems | ACCC

    But if they are already shut down, I don't see what you will get out of that besides just being able to vent your emotions out.

    I'm sure the other lawyers on this site are better suited to giving more specific advice and I think you should speak to a lawyer about your situation.

    But I hope this helps you start a couple of questions to ask a lawyer to be fully informed of your legal rights.

    Thanks for your honesty in telling us about what you went through :)

Share This Page