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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68126
Experience:  Qualified Solicitor
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I found what looks like a brown widow poisonous Brazilian

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Hi- I found what looks like a brown widow poisonous Brazilian spider in my marks and Spencer grapes and two large egg sacs it had made on the grapes AFTER me and my wife had already washed them and eaten half of them. Have I got a case?
JA: Where are you? It matters because laws vary by location.
Customer: Sheffield United kingdom
JA: What steps have you taken so far?
Customer: Messaged Marks and Spencer’s several days ago and got no reply
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Have you suffered any injuries as a result?

Customer: replied 8 days ago.
No
Customer: replied 8 days ago.
Hi Ben- No I Haven’t suffered any injuries
Customer: replied 8 days ago.
Hi Ben- are you there?

Just getting my reply ready

Thank you. Legally you cannot do much unless you have been injured. The law does not compensate you for ‘what could have happened’ only for what actually happened. So you must have suffered some injuries to be able to take it any further. At this stage, all you are entitled to is a refund for the packet of grapes which you bought. You may however find that the retailer agrees to compensate you above that and offer you money or vouchers – this is a goodwill gesture and certainly not something you can force them to do, but I would expect M&S to maintain good customer service and try to keep you happy as a customer so I would complain to them and escalate it internally until you get an outcome that is to your satisfaction.

Does this answer your query?

Customer: replied 8 days ago.
Hi Ben- thanks this is helpful.
Two questions:
1) Can the law not keep M and S accountable for the clear health and safety negligence?2) Can you not make a claim for mental trauma as it was a pretty awful experience particularly for my wife- living in fear that baby poisonous spiders have got out of the grapes into our house.

1. You can report to the Food Standards Agency for example but that is then up to them and it won’t get you compensation, they may look at action against the retailer, like a fine for example or instructions on how to change their processes

2. There has to be a serious and official psychiatric/psychological illness, such as PTSD, but for that you need to get official diagnosis before you can take it any further so it is not that easy. After that, assuming M&S will not just compensate you, you have to go to court to argue your case.

Does this clarify things a bit more for you?

Customer: replied 8 days ago.
Thanks Ben appreciate it :-)
Customer: replied 8 days ago.
All questions answered 10/10

You are most welcome

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