Consuming spoiled/defective food causing health problems gives rise to compensation within the scope of TKHK + TBK art.49.
Liable Persons
- Producer (1st degree)
- Importer
- Wholesaler
- Retailer/market (several)
Compensation Items
- Health expenses
- Loss of income
- Pecuniary damages
- Funeral expenses (in case of death)
Evidence Collection
- Photo of spoiled food
- Invoice/receipt
- Packaging (production, expiration date)
- Hospital report
- Witness statements
Official Complaint
- Ministry of Agriculture and Forestry (food inspection)
- Municipal health directorate
- Provincial health directorate
Supreme Court 13. HD
13. HD adopts that the "principle of ordinary cause" is valid in food poisoning cases and that it is sufficient to determine that the poisoning was caused by food in the expert report. A criminal complaint may be filed.Consumer/health lawyer is recommended.