At any time of the year, both tourists and residents enjoy a wide gastronomic offer, be it in local restaurants, beach bars or tourist establishments. Although, on some occasions, you can have a hard time in cases of food poisoning, at which point the question arises as to who should be responsible for the compensation.
Food regulations and standards
In Spain, food safety is regulated by several laws and regulations that support hygiene and quality standards in the preparation and handling of food.
Royal Decree 109/2010, which establishes food hygiene standards Law 17/2011, on food safety and nutrition Regulation (EC) 852/2004 on hygiene of food products.
These regulations establish the duties and responsibilities of catering establishments in terms of food safety and the prevention of risks to the health of consumers.
Steps to follow in case of poisoning
First of all, it is important to highlight that restaurants and catering establishments in Spain have the obligation to comply with food safety regulations and guarantee the quality and safety of the food they serve their customers. This implies complying with and following good food handling practices, maintaining hygiene in the kitchen and staff, and with proper storage and conservation standards.
If a person becomes intoxicated due to the consumption of contaminated or improperly prepared food in a restaurant, the establishment could be held responsible for the damage caused. In such a case, liability is based on the theory of liability for defective products or non-compliance with food safety regulations.
What action do I take if I get poisoned in a restaurant?
In the event of food poisoning, it is important to take certain steps to protect your rights and seek possible compensation.
You must first see a doctor for treatment and obtain a medical report documenting your condition and establishing a causal relationship between the poisoning and the food eaten at the restaurant. Keep any evidence that supports your claim, such as receipts, photographs of the food, or Any other element that demonstrates the relationship between the poisoning and the restaurant. Keep copies of all communications made. In these cases, it is advisable to seek specialized legal advice in consumer law and civil liability to evaluate your options and proceed with a possible claim for compensation.
What kind of claims can I file?
If the restaurant does not adequately respond to your claim or denies responsibility, you can start a legal process. In Spain, there are several ways to seek compensation in the case of food poisoning, such as:
Friendly claim: An attempt is made to reach an amicable agreement with the restaurant or its insured to obtain compensation for the damages suffered.
In summary, in the event of food poisoning in a restaurant, it is important to know your rights and the legal regulations that protect food safety. See a doctor, gather evidence, and consider legal advice to determine if you are entitled to compensation. Remember that each case is unique and that specialized legal advice is essential to determine the best actions to follow in your particular situation.
