Remedies For Food Poisoning Against Restaurants, Food Vendors Under Nigerian Law

By Arome Abu Esq

For clarity, i am not referring to the “Patience Ozokwor” kind of poisoning. Rather, food poisoning here refers to instances where through negligence on the part of a cook, restaurant, food vendor etc, stomach upset, diarrhoea, fever, abdominal cramp or vomiting is experienced by the consumer.

In this context, there is no positive intention to cause harm to the consumer.

STEPS TO TAKE AFTER EXPERIENCING FOOD POISONING

1. Speak to your lawyer;

2. See a doctor and obtain a medical report;

2. Sue under the tort of Negligence to recover special damages (medical cost, Hospital bills, lost income) and general damages;

3. Report the restaurant to the Federal Competition and Consumer protection Commission (FCCPC);

4. Report the Restaurant to the Ministry of Health;

5. Through your attorney, negotiate compensation with the Restaurant or food vendor.

6. Write a Petition to the Police based on Section 343(1) of the Criminal Code.

Arome Abu is the Managing Partner of TCLP.

CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.

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