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Joshua wins rare admission of liability for food poisoning

Graysons’ personal injury expert, Joshua Davies, has secured a rare admission of liability for food poisoning for two clients in Harrow.

food poisoning

Joshua Davies

Both were regular customers at an Indian restaurant in Harrow until they both suffered from food poisoning after eating a meal there in December 2022.  Both ate the same meal, consisting of several Indian dishes.

Shortly after the food was eaten, both clients became ill and started to suffer from a fever and severe diarrhoea.  Both clients visited the doctor and were diagnosed by the practitioner with food poisoning.  One of the samples came back positive for e-coli, whilst the other did not, even though his symptoms had been the worst – although he was tested later than the person who tested positive.

The pair were ill for around three weeks and their lives were severely disrupted.  They contacted the restaurant about the food poisoning and received no response for a long time.  The clients were then met with hostility and after trying to get rid of them and discredit their claims, the restaurant owners threatened to ban them from the restaurant if they did not drop their allegations.

The clients contacted Graysons to see if we could help, and Joshua took up the case. Joshua submitted a claim, detailing the facts, but he didn’t get a response for quite some time.  Joshua put the restaurant owners under some time pressure by advising them that he would issue proceedings if they did not admit or deny the claim promptly, and they eventually responded admitting liability for the food poisoning.

The clients are delighted and happy that they have received justice after their bad experience and the difficult and belligerent attitude of the restaurant owners.

The Consumer Protection Act 1987 states that food retailers must provide food free from any harmful bacteria. If a retailer has failed to do this, and a person falls ill with food poisoning then it is liable, even if it cannot be proved that it did anything wrong during the food preparation process. However, it can be difficult to get an admission of liability from the food retailer and you are likely to need to be persistent and you may need the help of a solicitor.  The producer and importer of the food can also be sued.

If you believe that you have suffered food poisoning and it was caused by any food retailer, you should act as quickly as possible. Visit your doctor or a hospital and get a confirmation of food poisoning if you can and keep all notes and receipts relevant to your claim.

Contact our personal injury experts as soon as you can and we will discuss your case, free of charge.  If we are able to take on your case, we will offer you a no-win, no-fee agreement.  You can also find out more about making a food poisoning claim on our web pages.

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