Insect found in meal

fronswa

JimmyTheWig wrote: »

It's not the supermarket's fault that she's "a bit funny about food in general" which is really why she later threw up.

I get what you mean, but really she threw up because she found a bug in her food... no bug... no problem.
htt p://en.wikipedia.org/wiki/Eggshell_skull

boobyd

I will state the same again, you do not need any case law to make a complaint about any foreign object in food, go back to the cafe and speak again to the cafe manager explaining you were unhappy with the response you had, see what happens, if you are not happy still then as it is part of a supermarket chain escalate to the Site GM.

somethingcorporate

fronswa wrote: »

The 'Paisley Snail'.
Yeah, it does seem pretty relevant.

It's hardly relevant, the issue in this case was all about proximity and duty of care, it's obvious that the restaurant owed the diner a duty of care.

peachyprice

fronswa wrote: »

I

It was a pasta dish, but the bug was found between the pasta and some salad. God knows what the creature is/was. Haven't seen it yet.



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fronswa wrote: »

So someone screwed up. And as a result of someone making a mistake she's ended up spewing.

You and I might not have the same reaction, but then it didn't happened to you or I.

So there was a bug in a natural product that had been growing in the ground. It's not a given that 'someone' screwed up, it's a hazard of buying, preparing and eating fresh produce. If the bug was deep in tightly curled parsely it's not unreasonable that it didn't come off when washed.

It's not a usual reaction to throw up because there was a bug on your food, half a bug maybe, but the average person would not react so dramatically they would just remove the offending greenery or send the meal back. You friend can't sue the cafe because of her own irrational behaviour.

The way the matter was dealt with however, is what she has a right to complain about. This she should take up with the store, because as far as I am aware there is not 'case law' stating what should happen in instances of poor customer services. If it makes her feel better then by all means report the cafe to EH, but suing the cafe?

fronswa

Jeff_Bridges_hair wrote: »

A) Did she eat any of the food around the insect

Can she prove that the food she may or may not have eaten contributed to her throwing up. I say this because a lot of the food we eat has had some form of insect on it before hand - salads the perfect example.

From what I can tell the bug was embedded in the pasta sauce.
Not sure if she'd been eating the food around it, but I'm presuming so at this point.

It seems more a case of the thought of it being in the food.

somethingcorporate wrote: »

It's hardly relevant, the issue in this case was all about proximity and duty of care, it's obvious that the restaurant owed the diner a duty of care.

It also involved a snail/slug being present in a food product, that caused nervous shock.

peachyprice wrote: »

You friend can't sue the cafe because of her own irrational behaviour.

Sorry, what legal source states that it's irrational behaviour to vomit when finding an insect in something you've been eating?

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Lets recap here, shall we? I wanted to know if anyone knew of any case law that was similar to this situation.

To those who tried to help, or asked constructive questions... many thanks.

To those who offered a joke, and a bit of a laugh... many thanks.

To the others, the answer you were looking for was, "No sorry. Can't help you there"... or alternatively you could have chosen not to post at all. The world will, still, struggle on without your opinion being present.

somethingcorporate

fronswa wrote: »

It also involved a snail/slug being present in a food product, that caused nervous shock.

And if you bothered to read any further you would have discovered what particular element of law this was covering. It was nothing to do with the specifics of slugs and snails food!

It was covering (a much more general principle) that of the neighbour principle which shows it has nothing to do with your case as the duty of care is obvious given the relationship between the restaurant and the diner (as I said already).

Go back and read it again

Gavin83

fronswa wrote: »

Screw them for all I can get?

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What's with the attitude of some in here?

I want to see case law in case they try to fob her off, as the manager's behaviour suggests they might. I came here to get some consumer advice, not pent up bitterness. :A

Gees indeed guys.
I take it you get the odd argument in here then? :cool:

What result do you/does she want from this?

fronswa

somethingcorporate wrote: »

And if you bothered to read any further you would have discovered what particular element of law this was covering. It was nothing to do with the specifics of slugs and snails food!

It was covering (a much more general principle) that of the neighbour principle which shows it has nothing to do with your case as the duty of care is obvious given the relationship between the restaurant and the diner (as I said already).

Go back and read it again

Trust me mate... I read it.

Why didn't you raise this with paulinespens as it was the 'pens' that introduced it into the conversation? Fair question I think.

The case is relevant... it can't not be relevant, you even say so yourself that it 'obviously' applies in this instance.

So in other words it looks like your saying that it is so relevant, to the point where it has actually become irrelevant. :think: And I kinda agree with you there... but again... why not raise this with the 'pens'?

I just politely acknowledged the case and said I was looking for something more recent.

Mayhaps you can peruse the prospectus of your local educational establishment and see if they offer courses in civility and social skills. You might find that it will supplement your knowledge of the legal system quite well.

gordikin

Gavin83 wrote: »

What result do you/does she want from this?

Bumpity bump?

fronswa

Gavin83 wrote: »

What result do you/does she want from this?

Being totally honest, I'm not sure.
That's why I wanted to find some similar cases, as guidance, should the need arise.

If the manager had dealt with it there and then, and had shown some concern over what had happened, I'm sure that would have been it.

It's taken several calls to the head office to get a reply, and the reply she got was that they will give a reply - at a later date.