Poisoning after visiting a restaurant. Eat and get sick: what to do if you feel bad after a restaurant Poisoned in a cafe what to do
A lot of time has passed since the launch of the new season of the sensational Revizorro program on the Friday channel, but discussions continue on social networks about the legality of the actions of the presenter Elena Letuchaya, the need to cook with gloves and the risk of poisoning with stale food, even in generally accepted establishments of the city . The Village asked the owner and chef of Shell, Yes seafood bar Lera Golovanova and the owner of the Table cafe Teofil Sokol to tell how to determine the quality of a dish to taste, and also learned from a lawyer what to do if you got poisoned in a restaurant.
What to look for in a restaurant?
Lera Golovanova, owner and chef of Shell, Yes seafood bar:“In unfamiliar restaurants, I first of all pay attention to cleanliness. The main indicator is the toilet. If cleanliness is monitored there, then they will pay attention to this in other premises of the institution.
Theophila Sokol, owner of Table Cafe:“First of all, I will never go to a restaurant that doesn't inspire confidence in the atmosphere. If a complete mess is visible through the open door to the kitchen, you should immediately get up and leave.
But if there are a lot of people in the institution, you can go in and place an order without worrying about poisoning. Although this sign does not always work: many, unfortunately, do not pay attention to the quality of food, which often leads to disastrous consequences.
How to choose a dish?
Theophilus:“There are several signs by which you can determine the freshness of products. Especially when it comes to raw meat, raw fish and dishes from them: tartars, carpaccio and others. First, the color - the darker it is, the greater the risk that the product may be stale.
Secondly, the smell. For expired products, it is very sharp, and nothing can interrupt it. And finally, the taste. The same criteria apply to drinks. Several times I came across the fact that sour milk was poured into my coffee. It looks like foam, but if you look closely, you can see that screeds form on it, and the drink separates. Plus there is an unpleasant sour smell.
Determining the freshness of ingredients that have undergone heat treatment is much more difficult. Although even cooked fish will have a characteristic sour smell, and the texture will become denser. It is more difficult with meat: after exposure to high temperatures, it is almost impossible to distinguish a fresh product from a spoiled one.
Lera:“If there is an opportunity to look at the carcass of a fish before ordering, then first of all you should pay attention to its head. The lack of a head in most cases means that the chefs tried to hide the condition of the fish.
Although in some cases this is due to the supply or specifics of the transportation of fish. For example, almost everyone carries the monkfish without a head.
Fresh fish have clear eyes. True, sometimes they can become cloudy not due to the expiration of the shelf life, but due to the conditions of transportation (they take the fish by the eye when they are transferred from one container to another). Therefore, the main indicator is the gills. They should be bright red, not dried out or brown. The whole carcass should be covered with mucus.
How do you hide stale ingredients?
Theophilus:“Expired foods are often hidden with strong-tasting sauces such as mustard and mayonnaise. They can also use tomato paste, capers, a lot of salt.”
Lera:“Bad products can be shredded, marinated or canned to help hide signs of expiration. There are also doubts about the large amount of spices that can mask the stale taste and smell.”
What to order so as not to get poisoned?
Theophilus:“It seems to me that it is easiest to get poisoned by raw foods: meat, fish, dairy products and vegetables. This is largely due to the unscrupulous attitude of manufacturers to food and the conditions of its storage.
When ordering, first of all, you should ask the waiter or manager about the dish. If your question does not cause a long hitch - the staff will be able to quickly clarify information from the chef and give you a complete answer about where and what products were brought from - you can trust and order the item you are interested in from the menu.
The main advice is to be vigilant and trust your own receptors, since often the staleness of a dish can be determined with the naked eye, for example, by greenery with windiness.
Lera:“I have been in the restaurant business for a long time and, like many, I am afraid of poisoning. That's why I always prefer restaurants with open kitchens. So you can see in what conditions and from what products dishes are prepared. In addition, I always try to order very simple and natural things: the simpler the food, the easier it is to determine its freshness.
In an unfamiliar place, I will not take processed dishes such as meatballs, minced meat, minced meat and kebab. Instead, I’ll order a steak - they definitely won’t mix anything into it. For the same reason, I am wary of pâtés.
It is also always better to take the whole fish, as the fillet can also be removed from a low-quality carcass. As for salads, it is better to choose a dish without mayonnaise, which tends to deteriorate very quickly.
If I'm not sure about an establishment, I won't order cocktails there, especially non-alcoholic ones. I prefer clean drinks.
Does non-compliance with some SanPiN norms mean that it is dangerous to eat in a restaurant?
Theophilus: “When I talk about poisoning, I always divide them into two types: poisoning due to stale food and poor health due to individual characteristics of the body. It happens that a person eats sushi in a good restaurant, and then comes and starts to make a fuss about being poisoned. But that evening, more than 60 guests ate, and only one became ill. This suggests that, most likely, the problem is not in the dish, but in the body of a particular person.
There is a lot of talk these days about chefs having to wear gloves. But this requirement discourages employees: they begin to wash their hands half as often. Of course, you can work in a cold shop with gloves, picking vegetables and herbs. But when you are dealing with a hot surface, with a live product, they only get in the way.
I have been to the best restaurants in the world and I can say that no one wears gloves there. A good kitchen always has sinks and soap, cooks wash their hands 20 times an hour. And if the place cooks deliciously, the lack of gloves will not affect my decision to go there and have a bite. By the way, most of our chefs are equal to Western standards: there are a lot of successful projects and wonderful chefs who work in an open kitchen without gloves.
Compliance with sanitary standards is not limited to the use of gloves in the kitchen. There are much more important things on which everything depends. First of all, cleanliness. This applies to the premises, inventory and appearance of employees. It is also important to observe the storage conditions of products.
The worst part of any kitchen is the freezer. Chefs are very fond of freezing certain foods, so it is important to always put labels on containers. Otherwise, it is impossible to understand, not only when the product has expired, but also what kind of food it is in general.”
Lera: “According to the requirements of SanPiN, cooks must work with gloves. In a cold shop, this is not difficult to do, but in the kitchen, gloves only get in the way. Although there are those who are used to working in them. In any case, the cook will not get hot dishes with his hands - he will use spatulas or tweezers.
I believe that gloves are not an indicator of compliance with sanitary standards. The cook can wipe his nose with them, scratch his head or some other place - there will be as many germs on the glove as there were on the hands.
As for labeling on products, this is a very useful thing. Often chefs work double shifts and need to understand when food has been delivered and packaged. Of course, signatures on trays are not a panacea, you should always check the product for smell and taste. Inventory should also be divided: it is impossible to cut strawberries on one board, then fish, and after that again strawberries. It's unhygienic.
Poisoning does not always occur due to the use of low-quality products in the dish. Sometimes it is due to the fact that some people have a weak stomach, especially adherents of strict diets. People eat oysters, wash them down with milk and get an upset stomach as a result - this has nothing to do with poisoning. In addition, you can always take tests and determine the cause of poor health.
Are SanPiN standards up to date?
Theophilus:“SanPiN norms are really outdated. I have a cafe, not a restaurant, but many of the requirements are similar. It seems to me that the main problem of non-compliance with SanPiN prescriptions by restaurants and cafes is that in 70% of cases it is almost impossible to fulfill them. If every restaurant operated according to the rules, then it would be the size of the residence of the English queen.
Because according to the rules, the institution should have two entrances: for visitors and for unloading products. Not everyone has such conditions in detached buildings, not to mention residential buildings. Also, only a few can take out the dish and carry away the dirty plate through different doors. These are just some examples.
Many of the demands seem absurd to me because I don't understand their logic. I don't know any restaurants that keep the sauce for 30 minutes. Nobody does that. If, after such a short period, all products were thrown away, our country would have long been mired in landfills. At the same time, there are norms that must be observed: they are our honor and conscience, as well as a guarantee of people's health.
SanPiN requirements need to be revised, but for this a huge number of documents need to be reworked. No one wants to take on such a volume of work, everyone just comes and issues unrealistic fines. I don’t know how restaurateurs and chefs can influence this process. Perhaps we need a collective rally. But here comes the question of mentality. Usually everyone likes to shout and disperse.
It seems to me that some changes, if they happen, will not be very soon. If people who love their work and root for it with all their hearts worked in our state institutions, there would be no such problem.”
What to do if poisoned?
Zalina Abregova, Senior Associate: “ The administration of a cafe or restaurant should be responsible for causing harm to human health and pay compensation in full. This means that not only the funds spent on treatment should be taken into account, but also the possible loss of profit due to a decrease in income due to temporary disability.
In order to receive compensation for the damage caused, it is necessary to apply with a written claim to the owner of the catering point where the person, in all likelihood, received food poisoning.
The claim must indicate the fact of harm and the amount of monetary compensation that the victim would like to receive. If the claim remains unanswered or satisfied, you should file a complaint with the territorial division of Rospotrebnadzor.
In accordance with Article 1095 of the Civil Code of Russia and the rights defined by the law "On the Protection of Consumer Rights", a person also has the right to forcibly compensate for the harm caused. This means that he can file a lawsuit against the owner of a public catering point demanding compensation for the harm caused and compensation for non-pecuniary damage.
To receive compensation, it is necessary to prove that the poisoning occurred in a particular institution. Therefore, on the day of visiting the restaurant, through whose fault the poisoning occurred, it is advisable to obtain a medical certificate confirming the fact of the incident. It is also necessary that this information can be confirmed by a doctor.
If a person feels unwell in the evening, when all polyclinics are already closed and it is impossible to call a doctor at home, he must call an ambulance. Doctors will record the fact of food poisoning and issue a medical certificate. You can also use the testimony of witnesses who were with the victim in the institution, but ate other food and were not poisoned. It is important to secure their promise to appear in court if necessary.
A saved check confirming payment for the services of a restaurant or cafe will also help. It will serve as proof that the person was really in the institution on the day of the poisoning or the day before he felt unwell. The same rules apply to takeout food.
In the rhythm of modern life, a person does not always find time for good nutrition. Snacking on the run is the reality of today. In this regard, fast-food catering establishments and the so-called "street food" (hot dogs, shawarma, hamburgers, etc.) are becoming increasingly popular. This is a convenient and relatively inexpensive way to satisfy your hunger. But it is worth thinking about the benefits of such food for our body, because often, saving time on food, we save on the quality of food, and, as a result, on our health.
The number of citizens who come to consultation centers with complaints of food poisoning after visiting public catering places, namely after eating quick meals, is increasing every year. There is a tendency that most often low-quality catering services are provided in cafes or fast food restaurants. In this article, we will not touch on the dangers or benefits of eating in such establishments, the causes of poisoning, our goal is to teach consumers to protect their rights in cases where the use of low-quality food is harmful to health.
The procedure for the provision of public catering services is regulated by the Rules for the provision of public catering services (approved by Government Decree No. 1036 of August 15, 1997), which are developed in accordance with the Federal Law "On Protection of Consumer Rights".
According to the provisions of the Federal Law of 07.02.1992 N 2300-1 "On the Protection of Consumer Rights", the consumer has the right to ensure that the service provided to him is safe for life and health. Damage caused to the health of the consumer is subject to compensation in full. This means that if you are harmed in a restaurant, cafe or other catering establishment, you, as a consumer, have the right to claim compensation. Often situations arise when a product or service causes harm to persons who were not in a contractual relationship with the seller or contractor. For example, the purchase by the hero of the occasion in specialized restaurants of Japanese cuisine dishes infected with an intestinal infection due to the manufacturer’s violation of sanitary legislation in the process of their preparation, storage or delivery, and subsequently eaten by all the guests, can lead to mass poisoning. It must be remembered that the right to demand compensation for harm in such cases is recognized for any victim (clause 2, article 14 of the Consumer Rights Protection Law).
Attention! The fact of causing harm must be proven. In order to make it more clear, consider the algorithm of your actions if harm is caused to health due to the use of low-quality dishes, for example, in a fast food restaurant.
Step one
Keep the check (account), it will help to prove the fact of your visit to this institution, in the absence of a check, you can use testimonies. If you have signs of food poisoning, do not self-medicate, visit a doctor, or call a specialist at home. Ask your doctor to issue you a certificate confirming that you have sought medical care. If you were hospitalized due to poisoning, then the document issued to you upon discharge can also serve as proof of the medical care you received. Keep all receipts for medicines (!) - funds spent on treatment can be recovered from the institution where poor-quality catering services were provided. However, remember that the medicines indicated on the check should really be used for food poisoning or toxic infections. This will have to be proven to the perpetrator.
step two
After receiving a medical certificate and on the basis of the check (invoice) you have, write a claim to the address of the restaurant where they provided poor-quality service, attaching copies of documents (medical certificates, checks) to it. In the claim, be sure to indicate the amount of monetary compensation (the amount of the bill for lunch at the restaurant + the amount you spent on treatment, other expenses). Please note that, in accordance with Art. 1085 of the Civil Code of the Russian Federation, when a citizen is injured or otherwise damaged in his health, the lost earnings (income) that he had or could definitely have are subject to compensation.
The claim can be handed over to the performer of low-quality services in person, making it in two copies and asking the restaurant representative to sign and indicate the date of delivery on your copy, or send it by registered mail with acknowledgment of receipt, and preferably with a list of attachments, if supporting documents are attached to the claim. In accordance with Art. 31 of the Law "On Protection of Consumer Rights" your requirements must be satisfied within ten days. If the restaurant administration ignored your claim or refused, the next step is to draw up and file a claim with the court. It is worth noting that if your dispute with the contractor goes to court, then in this case you can also count on compensation for moral damage. Having proved the fact of causing harm, you no longer need to prove physical or mental suffering, which constitute moral harm, the court simply has to determine your suffering in monetary terms, based on judicial practice.
Step Three
It will not be superfluous to file a complaint with the territorial body of Rospotrebnadzor. Employees of Rospotrebnadzor, based on your complaint, will conduct an unscheduled inspection of this institution. If during the inspection violations are found that could have caused poisoning (for example, non-compliance with sanitary standards, violation of storage rules, etc.), you can also use the results of this inspection as evidence in court, since at your request the supervisory authority is obliged to provide you the results of your appeal.
Step Four
Since all claims related to the appropriate compensation for harm are of a property nature, if they are not satisfied on a voluntary basis, the dispute can only be resolved by a court. In other words, if the restaurant administration ignored your claim or refused you, the next step is to draw up and file a claim with the court.
Remember that in accordance with paragraph 3 of Art. 17 of the Law of the Russian Federation "On the Protection of Consumer Rights", consumers on claims related to the violation of their rights, including in the field of catering services, are exempt from paying the state fee. In order for you to be exempted from paying it, you must indicate in the statement of claim that your claim is based on the Law of the Russian Federation "On the Protection of Consumer Rights". Claims are filed in court at the place of residence of the plaintiff (i.e., the consumer), or at the location of the defendant, or at the place of harm, that is, at the location of the catering establishment whose services caused harm to you. The statement of claim must be accompanied by medical documents confirming the fact of food poisoning, cash receipts for the purchase of medicines, a check (bill) from a restaurant (if any), accounting documentation on lost income (if any).
News of mass poisonings of sushi or shawarma in cafes is not uncommon. Rospotrebnadzor checks establishments, but you can’t keep track of everyone. There is an opinion that for poisoning in a cafe you can easily get decent compensation. How really? - finds out the Lawyer Cat from our Telegram channel @kotjurist .
What to do in case of poisoning in a cafe?
- Contact a doctor
Immediately upon the onset of symptoms. In extreme cases, call an ambulance. You don't have to postpone. It is very important to fix the state of health in time. Be sure to tell us what, where, when you ate. - Notify the health department
If you suspect an infectious disease (salmonellosis, etc.), this will be done by a doctor. Either way, remind him or let him know. - Report to Rospotrebnadzor
It is necessary that the cafe immediately conduct an unscheduled inspection and take product samples.
How to prove that he was poisoned in a cafe?
- Checks for payment, invoice
This is proof of the conclusion of an agreement with the cafe for catering services + confirmation of the dishes included in the order. - Witness testimony
They prove that you ate exactly this sushi in this cafe at this particular time. The habit of photographing food for Instagram and taking selfies with pizza will come in handy. Family members can also be witnesses: it is often necessary to confirm that after the cafe you did not eat anything. - Medical documents
They will help to prove a causal relationship between eating food and infection, as well as the fact of harm to health. A simple extract from an outpatient card or even an infectious diseases hospital is not enough, because doctors will write down information about food poisoning from this cafe from your words. Analyzes and additional studies (as directed by a doctor) will be required. - Leftovers
Actual in case of food poisoning from the store. Useful packaging with a label on which the data on the batch of goods and the manufacturer are indicated. - Rospotrebnadzor inspection materials
It is important that Rospotreb has time to check exactly the batch of products that you ate. Then you can use the evidence in court to prove causation. - Loss confirmation
Expenses for treatment and purchase of medicines, certificates from the place of work about wages, sick leave.
What compensation can I get for poisoning in a cafe?
- Refund of the cost of food on the bill - because the catering service was provided of poor quality, art. 29 of the LOZPP.
- Compensation for harm to health and losses - actually documented amounts of expenses for treatment and medicines, compensation for lost earnings for the period of treatment, Article 14 of the Law of Ukraine and 1095 of the Civil Code of the Russian Federation.
- Compensation for non-pecuniary damage - in the presence of real harm to health and long-term treatment, the courts can recover tens of thousands of rubles, but in general, you need to focus on more modest amounts, article 15 of the RFZPP.
- Penalty - appointed by the court in the amount of 50% of the amounts awarded by the decision, clause 6 of article 13 of the Law of Ukraine.
How to get compensation for poisoning in a cafe?
Cases of poisoning in a cafe are not the easiest to prove. You need to have time to do a lot and on time at the moment when you really feel bad. The easiest way is for victims of mass poisoning. In this case, most likely the institution itself will be interested in immediately compensating the harm to all victims, so as not to pay much more in court and save the reputation.
In any case, write to the cafe claim. Before filing a claim, as soon as symptoms of the disease appear, you can contact the cafe by e-mail, phone or social network. There is a chance that the administration itself will offer a small compensation or at least return the amount of the bill. It's always good to give complaint to Rospotrebnadzor. Even if checking them does not help prove the restaurant’s fault to you, the establishment may receive a temporary suspension of activities for violations of sanitary standards (Articles 6.3, 6.6 of the Code of Administrative Offenses of the Russian Federation). This will protect other patrons and possibly force the cafe to comply with the rules. If there is enough evidence, and the harm to health is serious, be sure to go to court.
TV channel "360" learned how to force the institution to pay the visitor monetary compensation.
Unfortunately, no one is safe from poisoning. But if suddenly this happened, you do not need to blame your weak stomach. If you have suffered - you need to demand justice and monetary compensation. We have compiled step-by-step instructions on how to do this.
Step 1. Gather evidence
The first tip, which, in fact, should be taken as a rule for everyone - always keep receipts after going to a cafe, at least for a couple of days. The check is the main proof. Further, as soon as you have the first symptoms of poisoning, immediately consult a doctor (in the district clinic or in an ambulance). The main thing is for the doctor to make a detailed conclusion about your well-being and indicate in it the possible causes of poisoning. To do this, he will have to list everything that you have eaten over the past day.
Step 2. Making a claim
Now we make copies of the medical report and the restaurant receipt and write a claim to the owner of the establishment. In it, we must tell you what happened to you, indicate the harm caused to your health, and also demand monetary compensation. Firstly, the amount that you spent on dinner, and secondly, the cost of treatment, well, we estimate the moral damage. According to Article 1095 of the Civil Code of the Russian Federation, you have every right to do so.
Step 3. We write a complaint to Rospotrebnadzor
If the claim remains unanswered, the next instance is Rospotrebnadzor. We write a complaint to your territorial office, in which we describe the whole situation. We add contact information about ourselves and the institution, attach the claim sent earlier to the restaurant, copies of the receipt and medical report. Based on your complaint, Rospotrebnadzor is obliged to inspect a cafe or restaurant.
Step 4. Litigation
If justice has not prevailed, we begin the trial. Guided by the same article 1095 of the Civil Code (CC) of the Russian Federation, we draw up a statement of claim. We indicate in it when and under what circumstances you were poisoned, witnesses (if any), attach a medical report, a check from the restaurant. In your statement of claim, you can demand not only material compensation for harm to health, but compensation for non-pecuniary damage. The statement of claim should be sent to the court at the location (registration) of the owner of the establishment or at your place of residence.
