Alberto Andrio Espina
The food industry has reached an enormous degree of complexity in our days, commercializing new products that are the result of highly automated transformation processes which used in many cases chemical compounds in them daily. For this cause, are increasing the risks we take when consuming foods and beverages. Any failure in the process could prove fatal for our health and well-being, by determining the liability of the manufacturer of such products for the damage that could be caused. In fact, every consumer enjoys a generic protection against the damages, personal or patrimonial, that could cause defective products of all kinds that could be used or, in this case, eating. This would allow him to bring a claim against the company that had manufactured or distributed the food or drink that caused you your damages. In a real case, a lady suffered damage in his teeth to bite an olive with bone that was in a container in which labelling specifying that the olives contained therein had no bone; giving the judge a compensation for the injury suffered. In particular, cases of salmonellosis one of the assumptions most frequent in such situations is the consumption of food products derived from egg (e.g.
tortilla or the Russian salad), resulting in poisoning by salmonella. These may occur both with the purchase of the same establishments or commercial surface at restaurants or catering facilities. So, if for example you suffer a poisoning of this type on your vacation could be you granted compensation both for the costs incurred, for example by having to interrupt vacation (thus losing the value the hotel reservation and, where appropriate, cancel airline tickets already purchased), the reduction of income if you had to lose days of work andFinally, an additional sum in concept of moral damage by having lost that way your holiday period. How you reach one solution in such cases? It is very rare in practice this type of cases coming before the courts. Ultimately, food industry deposited much of its value in its public image, which could be very affected a case that would be entrenched in the courts, reason by which usually offer out-of-court agreements that allow a rapid solution to the conflict. In either case, it would be desirable you to tell with the assistance of a lawyer who could assess if the compensation offered to you is fair, or whether it would be more appropriate to reject it and bring the matter to justice. Jose Alberto Andrio Espina original author and source of the article