Food Poisoning - Legal Options.

[VanZam]

I realise that this is a health post but I'm after a bit of clarity from Sunbelt.

2 days ago, I ate subway (suk soi 7) and contracted food poisoning, it started as just a tummy bug but progressed to vomiting blood and finally I was rushed to hospital 2 hours ago with kidney failure.

What, if any, legal recourse do I have against subway?

I realise that this sort of thing happens alot in LOS, but being a well established western business, I would have thought some industry standards applied.

If this were a normal case of the "runs", I wouldn't be asking, but the doctor said if the ambulance had been 20 min late, that I could have died (So im just a weee bit pissed off).

Cheers.

Van.

[katnip]

Wow - glad you appear to be OK now.

(Sorry, no idea of the legal issues.)

[VanZam]

Lovely nurses have taken care of my every need

[dgoz]

How can you prove it was Subway and not something you ate elsewhere.

[VanZam]

That was the only thing I had eaten since the previous morning.. cramps and vomiting started an hour later.

[dgoz]

That was the only thing I had eaten since the previous morning.. cramps and vomiting started an hour later.

What type of sandwich was it, so we know.

[VanZam]

Roast Beef and ham, with mayo and honey mustard sauce.

Come to think of it, I still have the remains in my rubbish, I wonder if it would be worth getting them sent to a lab for testing.

Regardless.. I'm avoiding subway from now on.

[Chris.B]

2 days ago, I ate subway (suk soi 7) and contracted food poisoning, it started as just a tummy bug but progressed to vomiting blood and finally I was rushed to hospital 2 hours ago with kidney failure.

You got on the internet and wrote this two hours after being rushed to hospital?

[Donz]

Hard to win the case IMO.

they can just say it might be from something else you ate. the tests on the remains in your rubbish might help but still very hard to win.

[Sophon]

That was the only thing I had eaten since the previous morning.. cramps and vomiting started an hour later.

That's not conclusive. In most cases it will take more than one hour for the symptoms of food poisoning to appear, and it can even take days:

From http://www.nlm.nih.gov/medlineplus/ency/article/001652.htm

The symptoms from the most common types of food poisoning generally start within 2 to 6 hours of eating the food responsible. That time may be longer (even a number of days) or shorter, depending on the toxin or organism responsible for the food poisoning.

It could have something non food related as well (like a virus).

If you did in fact catch food poisoning from Subway I would expect other people to have gotten sick as well. I think you would have a much better case if you could locate some "fellow sufferers", but I guess that would be difficult (unless it was a mass outbreak).

Hope you have a speedy recovery.

Sophon

[VanZam]

Thanks for the kind words, I realise that actually taking any sort of legal action would be a mission and a half, I'm just wondering if there are any actual laws regarding this type of thing.

Oh.. yes I'm online at the hospital currently.. not much else to do round here except moan on TV

[mosquitoman]

Just a thought. Did the hospital take any blood samples or stool samples that could be used to prove that you contrated food poisoning from the Subway sandwich?

[GuestHouse]

I would think there is more chance of "Subway" filing a counter claim against you for defamation. (A criminal offense in Thailand).

Your post here might well contain sufficient grounds for them to proceed, but they would almost certainly file against you if you took legal action.

Failure to prove your case would then be an imediate proof of their own.

----

Your not American by chance?

[VanZam]

Yes they did, full set of tests, I have yet to get the results as it will be tomorrow by the time they culture the bacteria.

The doctor was pretty clear that he thought it was food poisoning though, the interesting thing will be the type. As some bacteria will develop on only certian types of meat, and the only time I had ham or beef in the last week, was at subway.

[Beavis and Butthead]

Ouch dude, I just ate a big foot long Meatball sub last night from that same subway. It wasn't very special and I did get the runs

[VanZam]

I would think there is more chance of "Subway" filing a counter claim against you for defamation. (A criminal offense in Thailand).

Your post here might well contain sufficient grounds for them to proceed, but they would almost certainly file against you if you took legal action.

Failure to prove your case would then be an imediate proof of their own.

----

Your not American by chance?

Thank you for your words of wisdom, very helpful.

[GuestHouse]

And the question I asked?

[HenryB]

I realise that this is a health post but I'm after a bit of clarity from Sunbelt.

2 days ago, I ate subway (suk soi 7) and contracted food poisoning, it started as just a tummy bug but progressed to vomiting blood and finally I was rushed to hospital 2 hours ago with kidney failure.

What, if any, legal recourse do I have against subway?

I realise that this sort of thing happens alot in LOS, but being a well established western business, I would have thought some industry standards applied.

If this were a normal case of the "runs", I wouldn't be asking, but the doctor said if the ambulance had been 20 min late, that I could have died (So im just a weee bit pissed off).

Cheers.

Van.

No problem you can sue and if you win, you will get 20 bhat.

[george]

I have to close this thread, as it could lead to legal difficulties. Please contact the vendor directly or seek legal advise.

/Admin