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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I ate quorn mince 4 days ago and still feel ill. What can I

Resolved Question:

I ate quorn mince 4 days ago and still feel ill. What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
Have you kept the box and/or receipt for the purchase?
Customer: replied 1 year ago.
No but can get receipt
Expert:  Alice H replied 1 year ago.
The Consumer Protection Act 1987 states that a retailer must sell products free from bacteria which could cause food poisoning. If you can prove that this was not the case then you have an actionable claim to bring and should contact a solicitor.
It is important to note that if you can show that the food poisoning which you have suffered from was caused by the retailer then there is strict liability. In other words, you will not have to prove that the retailer was negligent, but instead if you can prove that the food poisoning was caused by a product which was not free from bacteria, and that this food was supplied by the retailer you have a valid claim. There is no need to make the claim against the manufacturer as the liability rests against the retailer.
Difficulties proving a claim
The difficulty with proving a claim for food poisoning is always going to be demonstrating that the food poisoning you are suffering from was caused by the food which you ate.
As the claimant the onus will be on you to show that on the balance of probabilities, the food that caused the illness was that provided by the retailer.
It is therefore clear from the above that quick action is vital in a claim for food poisoning. You cannot expect to make a claim many weeks after you suffered from food poisoning. Getting a doctor’s note confirming you had the illness and the date at which you had it, will be crucial to any claim.
Settling out of court
One point to note, before somebody rushes off to see a solicitor and begin suing a restaurant or retailer, is the fact that it will be far more practical and cost effective if you can deal with the situation between you without commencing proceedings.
This will usually involve offering to repay you the cost of your meal or offering some other compensation. Whilst you may not wish to return to that shop that has just given you food poisoning, if this is a regular place you visit and this is the first time this has occurred, you may well be more susceptible to that type of offer.
It should also be noted that commencing litigation can be a costly exercise, especially if you consider that your compensation for your ‘loss’ as a result of the food poisoning may be minimal (in financial terms).
It is in the interests of everyone to secure a compromise without involving the courts. However, if the retailer/restaurant is not willing to compensate you may wish to contact a solicitor.
If you have been a victim of food poisoning you should be aware that you may have an actionable claim, but that early action to demonstrate it was the restaurant/retailer that caused the poisoning is vital.
Customer: replied 1 year ago.
Thanks. Just to clarify, I cooked the quorn myself. I checked the packaging and the only allergen is egg whites which I am not allergic to. I would like to approach the maker's and ask them to try and replicate so they can test me to find out why it upset my digestive system.
Expert:  Alice H replied 1 year ago.
There is no legal basis for making such a request but there is no harm in asking. I would be surprised if the retailer or manufacturer accept any liability unless you can demonstrate that it was indeed the Quorn which caused you to be ill. They are unlikely to go to the time and trouble of carrying out any tests unless you can prove this.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.
How can one prove it was the quorn? This is the problem. I am still suffering with diarrhoea, bloating and discomfort. I have not had a reaction to anything before. I am not alone as I have seen a lot of comments on the Internet. I would like to see more warnings on the packaging. With the adverts on TV saying how healthy it is I feel it is misleading the public.
Expert:  Alice H replied 1 year ago.
Can I assist any further?

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