Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 30 October 2020.
It is a scorching hot day in Coffs Harbour and according to May, summer has come early!
May decides to get some respite from the heat at a local café with one of her friends. She orders her favourite drink which is brought out in its original opaque dark glass bottle with a small separate glass of ice on the side. She quickly fills the glass, leaving only a little in the bottle and, being parched from the heat, guzzles the entire glass in one go. She pours the remainder into her glass, watching in horror as a partially decomposed snail falls from the bottle.
Overcome by what she sees, May feels immediately sick and has to be taken home by her friend. Over the next few days, May suffers from bouts of dizziness, violent stomach cramps and vomiting. It becomes so bad that May is hospitalised.
Ten months later, May feels anxious around mealtimes, will not eat outside her home and has frequent nightmares about the incident. She is diagnosed with a General Anxiety Disorder and Post-traumatic Stress Disorder which her psychologist believes began with her experience at the café.
May is advised by her lawyer, that because she has been diagnosed with recognisable psychiatric illnesses which have been assessed at 15% impairment, she is able to claim compensation for the pain and suffering caused by the whole ordeal.
The Court finds that the manufacturer is responsible for the wellbeing of those who consume its goods and that the manufacturer breached its “duty of care”, causing May’s injuries.
May is awarded $100,000 and the manufacturer is ordered to pay her legal costs.
Thank you to Jamie Visco for his assistance with this column. If YOU would like a particular issue addressed please email Manny at manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
