Saudi Arabia | After announcing the source of the poisoning...Does the restaurant have the right to sue the mayonnaise manufacturer?
Weather of Arabia - The X platform reacted to a question regarding the responsibility of the Hamburgini Restaurant in a case of poisoning resulting from BON TUM mayonnaise, as the presence of “Clostridium botulinum” bacteria was proven in a sample of mayonnaise. This question sparked a legal and jurisprudential reaction from lawyers.
Experts indicated that a restaurant can file a lawsuit in court if three conditions are met:
The existence of an error proven by an official report from an independent body, damage to reputation due to the closure of branches, and the causal relationship between the error and the damage. If the lawsuit is accepted, experts are assigned to determine the compensation due.
Experts confirmed that the restaurant has the right to sue the mayonnaise manufacturer and demand compensation for material and moral damages. Since the manufacturer is Saudi, the Saudi courts have jurisdiction over the lawsuit. He referred to Article 120 of the Civil Transactions Law, which stipulates that the person causing the damage is obligated to compensate, and since the official body’s analysis proved that the mayonnaise factory was the one responsible for the poisoning, the restaurant deserves compensation for the material losses. Moral compensation and compensation for those affected by poisoning.
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Mayonnaise (BON TUM) and poisoning in Saudi Arabia
In the event that mayonnaise and other agents cause poisoning, liability and compensation for the damage shall be distributed among all those responsible in accordance with Article 127 of the Civil Transactions Law, which stipulates that if there is multiple liability for a harmful act, those responsible are joint in their obligation to compensate for the damage, and The court determines each of them’s share of the compensation.
In the same context, lawyer Abdullah Al-Yousef pointed out the importance of conducting a comprehensive study of whether the factory or the restaurant before making a decision to initiate legal procedures, by reviewing the documents and agreements that define the relationship between the two institutions, including quality conditions, product testing, and storage and transportation conditions. , conditions of use of the product and other conditions related to the contract.
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What tweeters are trading on the X platform
In addition, one tweeter expressed his condemnation of the restaurant, noting that there are multiple reasons that may condemn the restaurant itself, such as poor storage or failure to follow the expiration date of the product. Another inquired about why other restaurants were not affected, while another tweeter responded by emphasizing the restaurant’s full responsibility. legally and ethically regarding the food they serve, noting that it is surprising that other restaurants were not affected by the poisoning.
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