What Can a Food Poisoning Attorney Do?

We are all users, to a greater or lesser extent, of bars or restaurants to have a drink with our friends or family, lunch or dinner. All catering establishments must comply with a series of legal requirements, both health and food safety, in a basic way:

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Optimal conditions, in accordance with legal requirements, for the preservation of food : adequate work tools, refrigeration equipment adapted to the regulations ...
Programs of cleaning, disinfection, pest control and disinfestation also adapted to current regulations.

Compliance with the legal precepts related to packaging and labeling and correct handling of food .

In relation to allergies, information on possible allergenic ingredients must be available to users of a bar or restaurant at all times, either in the menu or letter, which is appropriate, or transmitted verbally by the waiter or, In general, the staff of the establishment.
Are responsible for establishments that, in solidarity, must respond to consumers in case of ingestion of food in poor condition. However, in the event that the food is in a closed container and is in an adequate condition of conversation and has not been subject to improper handling, the responsibility lies with the manufacturer.

restaurantIn case of suffering from food poisoning in poor condition consumed in bars and restaurants we have several options:

Criminal route: Interposing the corresponding complaint, to which it will be necessary to accompany the corresponding medical report; the normal thing, except in the most serious cases, is that the criminal procedure does not prosper and the court files the case because it considers that the facts have no criminal relevance, leaving us open to civil proceedings.
Civil route: starts with a claim for damages, although it is advisable to first carry out extrajudicial management with the restaurant, filling out a Claim Form in the establishment itself or making a formal claim in writing providing the relevant documentation, that we will see now
We speak in general terms of an extracontractual civil liability, although it is true that in cases such as wedding banquets or contracting catering services for events we can base our claim on a breach of contract.

In the case of non-contractual civil liability, it is very important to demonstrate the existence of a causal link , that is, in order for the damage to be compensated we will have to show that the food in poor condition was ingested in that establishment in question.

Complaint in Health: Addressing the Department of Health of the Ministry of Health of the corresponding Autonomous Community, with documentation and supporting evidence of our claim. Surely an inspection procedure will be opened that can be quite useful to document our claim through civil means.
** As for the means of proof necessary to document our claim and, most importantly, demonstrate that causal link legally required for our claim to succeed, are the following:

Emergency medical report or health center that accredits poisoning due to ingestion of food in poor condition.

Invoice or receipt that certifies the consumption in the establishment.
The above is sometimes difficult to contribute to our claim since we do not normally keep that document, so we can rely on witnesses to support our statement.
Health Report if we already have it and it is favorable to our claim.
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