Two clients, James Carter of Manchester, who required advice from personal injury solicitors in Manchester and Sarah Holden of Leeds, suffered food poisoning after buying meat past its expiry date from Asda. The incident concerned health and safety and personal injury law. Aldwych Legal represented them in pursuing compensation.
What Happened
James Carter bought a pack of meat from an Asda store in Manchester with an expiry date clearly printed but already passed. Sarah Holden bought meat from the same retailer in Leeds, also past its use-by date. Shortly after consumption they became ill and required medical care. They incurred medical costs and lost income as a result.
Legal Issues
- Whether Asda owed a duty of care to customers to ensure sold food was safe and of satisfactory quality.
- Compliance with the Food Safety Act 1990 and the Sale of Goods Act 1979, and potential breaches of consumer protection duties.
- Liability for consequences of selling unsafe food and potential product liability frameworks.
- Appropriate pre-action protocols and dispute resolution options before court proceedings.
Our Approach
We prepared a detailed pre-action letter outlining the factual background, the parties’ losses, and the legal basis. We secured expert evidence from a food safety expert and coordinated medical records and loss calculations. We engaged in correspondence with Asda, explored settlement options, and followed CPR Pre-Action Protocols.
Outcome
Asda promptly engaged and made a compensation offer reflecting medical costs, lost earnings, and distress. The matter resolved without court proceedings, with our clients receiving a fair settlement and clarity on liability and future safeguards.
Result / Why It Matters
This case demonstrates Aldwych Legal’s capability to secure accountability for food safety failures and to secure appropriate redress for individuals facing health and financial harms, reinforcing our expertise in Personal Injury and Health & Safety matters.
