I am a victim of food contamination by a major franchise. In essence I found a cockroach in my drink. I sent a letter of complaint to company with no response. I want to know what my legal rights are. Please advise?
Province: Sydney, Australia
Sent a letter to the company complaining of issue.
What injury have you sustained?
Being physically ill on multiple occassions.
If you have got a permanent injury which results in a permanent impairment, then you are not going to get any damages for pain and suffering type damages. Have you lost any wages?
Sorry I dont understand that response. You dont get compensated if you have permanent injury?
I was served up a contaminated product and as a result have incurred physical and mental distress. What are my legal rights in being compensated for that?
Unless you have a reasonably significant permanent injury, and these cases rarely result in permanent injury, you will not be able claim anything other than loss of income. Do you have any loss of income?
No there has been no loss of income.
You will have no maintainable claim in negligence then. You have done the right thing in making the claim, because sometimes the party at fault will pay something, but if they don't you will not be able to do anything. You can ring a firm like Slater & Gordon and they will have a talk to you over the phone (they do this as a filtering process), and they will confirm this. I'm sorry; I'm not here to give you the advice you want, I'm here to give you what the law is.I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.
Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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