What are you entitled to if you get food poisoning in a restaurant?
Food poisoning can strike before you know it. From a portion of nasi that had actually been in the fridge far too long to a bad mussel, it can really make you throw up. What should you do if it’s not your fault at all, but a restaurant’s? What are you entitled to then? Radar investigated.
You rarely feel as miserable as you do during food poisoning. Yes, there are all kinds of things you can do to get through hell, but you’re still in hell. So it makes sense that you’re really upset if you get food poisoning after a pleasant evening out for dinner. Did your dining companions stay fresh as daisies? Then it’s even more understandable that you’re not amused .
That immediately raises a difficult point. How can you prove that the food poisoning really came from the restaurant?
Be sure of your case
Radar therefore advises taking action (meaning: suing the restaurant) only if you are 100% certain that your misery was caused by food from the restaurant. If you ultimately don’t win your case, it could easily cost you a lot of money. More misery, in other words. Are you sure? Then call the restaurant first and explain the situation. If the restaurant owner has a little compassion, you may be able to reach a solution together. That saves a lot of stress, hassle and probably money too.
Compensation for your personal injury
With a bit of bad luck, the restaurant won’t care about your misery. If you also get a ridiculous response, you’ll naturally be even more eager to take action. They’ll know it too: by now you’ve practically become one with your bucket and have a herniated neck from hanging over the toilet! Step 1: report your complaint to the Netherlands Food and Consumer Product Safety Authority (NVWA). Provide sufficient evidence so they can start an investigation. This should show whether the restaurant is indeed liable for your misery—your personal injury.
If so, you can claim compensation. For what, exactly? That depends on the situation. For example, whether you had to go to hospital or incur certain costs. It also depends on how serious your complications were. You may be able to get quite far on your own, but otherwise a specialist can help you with this.
All-inclusive—including food poisoning
You’re enjoying snacks at the buffet of your all-inclusive hotel when you get food poisoning thrown in for free. All-inclusive, including food poisoning. Being ill on holiday is obviously even more miserable. In any case, contact your travel company immediately. According to Radar, you can hold them liable for your losses. Do this within 3 months, though, or your right to do so will expire.
Also read:
- Can you put hot food in the fridge or freezer?
- Fried Rice Syndrome: this can make you incredibly ill
- Are wooden spatulas unhealthy?
Source: Radar/AVROTROS
