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NSW Food Poisoning - Make a Personal Injury Claim?

Discussion in 'Personal Injury Law Forum' started by Pyroflamer, 1 January 2015.

  1. Pyroflamer

    Pyroflamer Active Member

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    Hi everyone,

    A friend of mine suffered food poisoning after eating eggs bought from a supermarket (there is medical diagnosis showing so), the Estimated time to full recovery is around 3 weeks and there will be medical expenses incurred in the process. Is there legal recourse for this and if so, what are the likely categories of damages that can be awarded apart from medical expense?
    Can she sue the supermarket? And what forum and cause of action should they sue under?

    Could you also advise whether de minimis non curat lex is an issue here too? Thank you so much.

    Im thinking of donoghue and stevenson but I'm not sure that is precedent for suing a shop under negligence?

    Kind regards
     
  2. Tim W

    Tim W Lawyer

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    Allow me to make a similar suggestion to last time.
    That is - think more in terms of the
    Australian Consumer Law,
    and less about negligence.
    You may have a better chance of showing "
    not of acceptable quality"
    than you do of showing negligence.

    Consider also that you may better serve the greater good
    by contacting the
    NSW Food Authority.
    I suggest this because, depending on the facts and circumstances,
    there may have been offences under the Food Act 2003 (NSW).

    You can find the judgement in Donoghue v Stevenson by clicking
    here.
    As to understanding its relevance to the law of negligence,
    I can only suggest that you re-visit your text books.
     
    John R likes this.
  3. John R

    John R Well-Known Member

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    I agree with @Tim W, your friend may consider reviewing the available options under Australian Consumer Law (ACL) and seeking reasonable damages for any medical expenses and sick leave from work, etc. directly incurred from the food poisoning incident.
    This course of action is likely to resolve the issue in a more timely manner than immediately pursuing a negligence claim against (I assume - a large) supermarket that is expected to have more than adequate resources to vigorously defend such a claim.
    All the best - Please keep us updated as to your friend's progress.
     

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