Damages for Food Poisoning
A Sydney girl has been awarded damages in the NSW Supreme Court after contracting salmonella poisoning following the consumption of KFC at Villawood in Sydney.
The plaintiff was 7 years old at the time that she consumed the KFC and became violently ill. The plaintiff went into a coma for 6 months and thereafter suffered brain damage including quadriplegia.
In 2010 a trial was held in the Supreme Court and in April 2012 the NSW Supreme Court ordered the plaintiff to be paid $8 million plus legal costs after the lengthy litigation case.
KFC have indicated that they will appeal to the NSW Court of Appeal, however at the time of writing of this article no documents have been filed.
The case illustrates an extreme example of how food poisoning can result in dire consequences in appropriate circumstances, resulting in brain damage. Food providers have a duty of care to their customers to ensure that the food supplied is of an appropriate standard and of merchantable quality so as to prevent risk of the contraction of food poisoning or disease.
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