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Experience:  Dip Law LPAB - Sydney based lawyer
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we are intending on selling raw honey at the markets. the Labels

Resolved Question:

we are intending on selling raw honey at the markets. the Labels advise of possible allergies to pollin and propolis. Can we be sued if someone has an allergy and do we need further insurance to sell food products
Submitted: 9 months ago.
Category: Australia Law
Expert:  replied 9 months ago.
Hello and thank you for your question.

There is always a risk of being sued, but provided you have taken reasonable steps to warn customers of any likely problems they might face and have otherwise made your product as safe as you reasonably can, you should have good prospects of defending any law suit.

However, be aware that because courts judge claims with the power of hindsight, there is no 100% reliable way of being sure that a court won't find something that you could or should have done better, and so find you negligent if some accident or mishap should occur. For that reason all businesses would be wise to have good public liability insurance, and if the business involves manufacturing, such as yours, you should consider getting product liability insurance, which will protect you against most problems which your product might cause, such as food poisoning, or allergy issues, etc.

To arrange such insurance you should see a business broker as they can assess your insurance needs in more detail and recommend the most appropriate policies.

I trust the above assists.

Please rate my answer,

Thanks,

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4521
Experience: Dip Law LPAB - Sydney based lawyer
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