How to get compensation for food poisoning in an Israeli restaurant

a בגלריה בגלריה

עירונית אביב קפה התחדשות עירונית

Coffee in Tel Aviv

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Going to visit a cafe, restaurant, bar, no one expects to leave there with damage to health. However, such situations do occur. Here is a person who warned the staff about allergies or hypersensitivity to certain products, but again they ended up on the plate served to him. Or came home with stomach aches. Or worse, I got a drink with a rape drug in it. In what cases can you file a claim against an institution? How to do it? In these questions answer lawyers Anat Ginzburg and Asaf Poznerowners of law firms for bodily harm.

Εσ Are restaurant owners responsible for the quality of food and beverages?

– Of course. As service providers and property owners, they are responsible for the health of their customers and staff. They are required to comply with rules and regulations, including those issued by the Ministry of Health, to ensure proper health conditions for the preparation of food and beverages – to prevent germs, parasites and mold.

The staff of the company, especially the kitchen, must know the rules of work. It is obliged to keep potentially hazardous substances (eg detergents) away from products and to always keep the workplace clean. It is the responsibility of the staff to determine if a visitor is allergic to certain products and to act accordingly.

The institution is obliged to prevent injuries and other damage to visitors. For example, one of the causes of injuries is the overcrowding of the facility, so the owners are obliged not to leave unnecessary visitors. In addition, they must maintain the required level of lighting, the floor and stairs must be clean, etc.

By law, the institution is responsible for the damage caused to customers and can be sued.

However, the institution is not always responsible. So, for example, if a guest threw a glass, it broke and another guest was injured by its fragments, then the bar or restaurant is not always responsible for it. However, its owners should be aware of the possibility of such an accident and take care of the immediate removal of sharp fragments from the floor.

If the damage is caused by the food served (it was stale, contaminated with salmonella, etc.), then the owners of the facility are responsible for negligence.

► A visitor who is allergic to a particular product has come to the restaurant. Ask if the dish he ordered contained this allergen. They told him no. In fact, he was there. What does the law say about this?

– If the visitor suffered from this, then you can file a lawsuit against the institution. The claim must be accompanied by an expert medical opinion regarding the harm to health caused by the use of this product.

. I have an intolerance to dairy products (non-allergic). I asked for a dessert without milk, but the dish served had milk particles and my stomach ached. What does the law say about such cases?

– If a guest was served a plate of milk, having previously given false information, then you can file a lawsuit.

But there are three points here. First: it is difficult to prove that abdominal pain was caused by milk. Second: the amount of compensation will be low. Third: when ordering a dairy-free dessert in Israel, you have to ask the right question.

The fact is that many visitors with intolerance to milk order dessert share in the hope that this kosher dish will not contain milk. However, “share” is a harsh definition, not a medical one. Such a dessert may contain traces of milk and be considered kosher according to religious rules, but for a person with a milk allergy or intolerance, these traces can cause health problems. Thus, by ordering a share dessert, but not mentioning his medical problem with the milk, the visitor misses the opportunity to file a claim.

. I ordered a dish in a cafe, but it turned out to be spoiled. As a result, I had diarrhea and did not go to work. What does the law say about such cases?

– In this case, you can contact the cafe directly on the spot or over time with a claim for compensation. In exceptional cases, you can contact the Ministry of Health with a request to check the institution. Because the damage is usually temporary, you can sue in the small court (beit mishpat le-tviyot ktanot) claiming compensation for absence from work and non-pecuniary damage (ογματ νεφες).

We warn you: you should not ask for increased compensation by threatening to discredit coffee on social networks. In legal language, this is called “causing significant harm to owners, not related to the quality of food and beverages”. Such a shame may cause the institution itself to sue the visitor under the defamation law (lashon ha-ra).

The girl came to the pub, ordered a drink. Another visitor threw her a rape drug and, taking advantage of it, had sex. Is the institution responsible for such cases?

– This medicine is a substance that is difficult to identify. It is transparent, tasteless and odorless. It is quickly eliminated from the body, so it is difficult to detect. It is difficult for company staff to prevent a visitor from entering with this substance, even with the presence of choice. However, the foundation is not liable for damages caused to visitors. It should take immediate steps to identify and prevent such cases using technical means (surveillance cameras) and to guide staff.

Workers must be vigilant and toilets must be adequately lit. If it turns out that the visitor was drugged and raped and the institution’s staff could not prevent it, then a bar or pub can be sued. Of course, it is important to establish all the circumstances during a police investigation.

It is important to note that the mere fact of such an incident does not automatically place the blame on the institution. Assigned for negligence, ie deviations from the rules. The owner of the restaurant is not a detective and is not obliged to watch every dish from the cameras or to put a guard near the glasses of the girls who go to the toilet so as not to sedate them. But if this substance was mixed by an employee of the institution or the owner has reason to suspect it, the situation changes.

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