This archive report was first published on 15 November 2019.
Food poisoning is a serious health issue that can be caused by consuming contaminated food. According to the World Health Organization, food poisoning can be caused by bacteria, viruses, parasites, or toxins.
On November 15, 2019, Mahakamani News reported on the issue of food poisoning in Nairobi, where it was revealed that City Hall had not evaluated food handlers for over a year.
However, suing a restaurant for food poisoning can be a challenging task. To succeed in a lawsuit, the plaintiff must be able to prove that the food eaten was contaminated and that the contamination caused their illness.
One way to gather evidence is to keep leftovers of the food, which can be tested to determine if it was contaminated. However, the restaurant may claim that the food was contaminated after it left their premises.
According to a lawyer, a class action suit may be the best option in such cases. A class action suit is a lawsuit filed on behalf of a group of people who have been affected by the same issue.
Historically, the case of Donoghue v. Stevenson (1932) in the United Kingdom set a precedent in law, making the moral rule 'love your neighbor' into law. The case also settled the question of who a neighbor is in law, a person closely and directly affected by your actions.
Liability in food poisoning cases can extend to all parties involved in the chain of distribution, including manufacturers, retailers, local authorities, and other stakeholders.
As reported by the Daily Nation, in the case of Kenya Breweries Limited v. Godfrey Odoyo (2005), Mr. Odoyo was successful in his claim and awarded Sh70,000 in general damages and Sh21,990 for pain and suffering.
