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I am a victim of food contamination by a major franchise. In

 
Peter J R Gauld's Avatar
  • Answered by:Peter J R Gauld
  • Solicitor
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in Australia Law

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Customer Question

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?

 

Optional Information:
Province: Sydney, Australia

Already Tried:
Sent a letter to the company complaining of issue.

Submitted: 1045 days and 3 hours ago.
Category: Australia Law
Value: AU$49
Status: CLOSED
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Expert:  Peter J R Gauld replied 1045 days and 3 hours ago.

What injury have you sustained?

Customer replied 1045 days and 3 hours ago.

Being physically ill on multiple occassions.

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Expert:  Peter J R Gauld replied 1045 days and 3 hours ago.

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?

Customer replied 1045 days and 3 hours ago.

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?

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Expert:  Peter J R Gauld replied 1045 days and 3 hours ago.

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?

Customer replied 1045 days and 3 hours ago.

No there has been no loss of income.

Accepted Answer

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Expert:  Peter J R Gauld replied 1045 days and 2 hours ago.

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.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 99.3 %
Accepts: 571
Answered: 6/2/2010

Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.

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