Can you receive food poisoning compensation?

Can you receive food poisoning compensation?

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It is not uncommon to hear the news that customers of an establishment serving food for immediate or almost immediate consumption (restaurants, bars, bakeries, pastry shops, ready meals and other similar businesses) have been affected by food poisoning.

Whether the consequences of food poisoning are more or less serious, it is clear that the injured parties have an indisputable right to claim against those allegedly responsible for the food poisoning.

In the case of restaurants or other establishments in which food prepared on the premises of the same company that operates the business is provided directly to the consumer, establishing the means of complaint does not present any difficulty. But, as it is logical, the professional advice of lawyers specialized in this type of claims is very convenient.

There is a specialized insurance for this type of situation: the Defense and Claims Insurance (Legal Protection). In it the insurance companies offer their insured two possibilities to carry out the claim, either by friendly, judicial or arbitration systems:

How to deal with a food poisoning claim?

The letter or complaint form should be addressed to the Subdirección General de Higiene, Seguridad Alimentaria y Ambiental, Dirección General de Salud Pública de la Consejería de Sanidad (General Directorate of Hygiene, Food and Environmental Safety, General Directorate of Public Health of the Consejería de Sanidad). You can submit the complaint in person, by physical mail or through the website via telematic means.

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How many days can food poisoning last?

Generally, intoxication lasts from 1 to 3 days, but may last up to a week depending on the type of bacteria, the severity of the infection and the general state of health. Most recover fully within a week.

What to do if I have food poisoning in a restaurant?

The best thing to do is to go to the doctor when the symptoms start and confirm it. If so, you should ask for a report, since it will be very useful when initiating the request for responsibilities to the owner of the restaurant. You should also keep the receipt or tiket.

Food in bad condition where to denounce colombia

Although the appearance of a food may be healthy, the truth is that it can hide bacteria, viruses, parasites or other toxic agents that have been created as a result of poor handling, preservation or preparation of food. And the consequences for our health will depend on the type of toxicity we suffer and how quickly we act.

Go to the doctor as soon as possible and collect all the medical documentation: diagnosis, reports of consultation of the family doctor, tickets (invoices if possible) of all the medication that we buy and that is prescribed to us.

Where to go for spoiled food?

Submit the information to the National Food Institute: Food Sanitary and Nutritional Surveillance toll-free telephone number: 0800-222-6110, Monday to Friday from 9 am to 4 pm. Postal address: Estados Unidos 25, Ciudad Autónoma de Buenos Aires, C1101AAA.

Where are consumer complaints placed?

To file either of the two actions, you can do so through the SIC website www.sic.gov.co/denuncias-y-demandas-en-materia-de-proteccion-al-consumidor . There you must click on the process you wish to perform, either complaint or lawsuit, open a session and then send the information of the case.

How to send a health inspection to a restaurant?

How to send a health inspection

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The administrations have on the website of the Food Safety services the different forms that allow you to make a completely anonymous complaint and request a health inspection on food safety to your premises to check it.

Intoxication offense

Managers of places where food is sold are therefore liable to consumers in the event that any of them ingests food in poor condition. However, in the case of food in closed containers in proper conditions of conservation, the responsibility falls on the manufacturer of the product.

Then, if a user is intoxicated for having ingested a food in bad state, he can claim a compensation as long as, he accredits by means of a corresponding medical report, the origin of the above mentioned intoxication.

In these cases, an extra-contractual civil liability is produced, so that a civil lawsuit can be introduced in claim of the damages that have been caused, and that must be valued by a doctor, who is the most indicated professional to value your injuries, and the consequences of having ingested food in bad state. That professional can issue a feasibility report in which it is determined whether action can be taken later through judicial channels.

What happens when you get intoxicated?

Symptoms of food poisoning, which may begin a few hours after eating contaminated food, often include nausea, vomiting or diarrhea. In most cases, food poisoning is mild and goes away without treatment. But some people need to go to the hospital.

How do I know when I am intoxicated?

Poisoning can occur when you inhale, swallow or touch something that makes you sick. Some poisons can cause death. Poisoning often occurs from: Taking too much medicine or taking medicine that was not prescribed for you.

What to do if I find something in my food?

If you want to initiate an action before our consumer protection authority, consumers can file a complaint with the Citizen Attention Service (SAC) of Indecopi, which aims to arrange a conciliation hearing with a representative of the supplier.

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Liability for spoiled food

Those responsible for establishments are therefore liable to consumers in the event that they ingest food in poor condition. However, in the case of food in a closed container in proper conditions of conservation, the liability corresponds to the manufacturer or processor of the product.

Consequently, if you have suffered an intoxication due to having eaten a food in bad condition, you can claim, provided that you can prove the intoxication and the origin of the intoxication by means of the corresponding medical report.

To do this, you must go to the establishment, filling out the corresponding complaint form or submitting a letter sent in a reliable manner. It will be able to be denounced in addition before the competent Organism in the matter of Health and to demand, in serious cases, civil responsibilities before the Courts of Justice.

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