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Restaurant meal spoiled

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tali1 | 17:47 Thu 20th Oct 2011 | Civil
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Hypothetical question - restaurant full of diners - and one of them vomits - (lots and smelly) -obviously this would spoil the enjoyment of meals of fellow diners -would all the other diners be entitled to a refund /re order?
Or would it depend if restaurant food caused it? (this would then mean diners reliant on Trading Standards results?)
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No.
No.
Im sure you would be entitled to a refund or a free meal at a later date.
No

And how would you know if the restaurant caused it?

Environmental Health not trading standards would deal with food poisoning cases but you wouldn't know it was food poisoning until you had had tests done
true story:
My son, aged 3 had a very strong (or badly washed glass) squash drink given to him in a chain restaurant. He was instantly sick, just juice, nothing else, he wasnt poorly. Not one member of staf noticed, we cleared him up and tried to avoid the table across from us (who had just got their mains) from seeing.
we ate our meal, son was fine.
when we went to pay for the meal the waiter was complaining that he had had to give the other table their entire meal for free due to them complaining.
I never understood what they complained about, they hadnt seen him bring the drink back up, it was just juice on table and there was no smell etc.
The thing that really annoyed me was the fact the the other table had eaten their mains that had just been brought out AND dessert, before deciding that my son had put them off their meal.

But to answer your question, no, i dont think the restaurant should be held liable for a customer being ill unless it was a direct result of the food.
I'm unsure about being entitled. The proprietor may offer in the hope it won't put the diners off coming again.
Ask and see what it throws up ....
No and No, it's not their fault.
^^ and PS for a liability claim to succeed, they'd need to prove negligence, and reasonable expectation that the incident might arise and the restaurant did nothing about it. I don't see how either would apply.
I'd say the same as Old Geezer, up to the restaurant but just my opinion, not based on anything legal.
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