Sold and ate out of date prawns at 7mths pregnant

[lesleypoo]

I am 7 months pregnant and bought a king prawn sandwich at marks and spencers on fri 1st feb this year, i was eating it and thought it tasted yukky (at 7months pregnant everything tastes a bit strange!) ... I looked at it and noticed brown lettuce so i checked the packaging and it was a day out of date! I immediatly went back to the store and complained, at the same time the thought of it churned my stomache and i threw up .... What should i do? I filled out a form with them and they were very sympathetic, however the form just states i was ill for 5mins though, when i reality i cancelled my dinner that evening and stayed in the hotel i was staying at instead (i was in edinburgh for a special dinner that night). The thought of the taste and what i had eaten made me unable to do anything, also i was scared that i may become sick as I spoke to the nhs helpline and they informed me that if i was going to be ill it would happen that evening or in the night. I spent the ret of my time away wretching and shaking with anxiety!. I live 4 hrs drive away so couldnt go home either... As it turned out i didnt suffer food poisoning possibly due to the fact that i vomited it all up in the store immediatly after i ate it, it was definatly of though... Any suggestions on what i should do or should i just leave it as it is?

[helpmetoo]

not you again , you posted this under 'food' and rightly got no sympathy,
what next if you get the same response here?

suggest 'motoring' next,

have you framed the evidence?
if you post a pic and a link we can all give an opinion!

[weas]

I did not think mums to be should eat shellfish? sort your own grub out!!

[snagged]

ffs its a prawn... a 'day out of date' prawn...

get a grip...

[redcrx]

chances are that just 1 day out of date it would be ok and that you were sick because of how you felt rather than the food.

for all those that say you shouldnt be eating shelfish then dont worry, current guidelines are that you should not eat RAW shelfish (prawns are cooked).

It may just be that your body rejected the prawns as a self preservation move (i had similar happen to me at 7 months)

Just leave itat that, you can only complain to the head office about the situation as it was.

[Tichfield]

lesleypoo...why don'y you try and post about something interesting, instead of telling us about how stupid you are?

[tigwig]

I would write a letter to their head office stating exactly what happened and all the upset it caused you. I personally think for this to happen is disgraceful, I know mistakes happen but I am surprised the staff didn't offer you any vouchers or a better apology there and then. The fact that you are pregnant makes it even worse. If trading standards were involved they could get fined hundreds for this. Something similar happened to me with yoghurt when I was pregnant and when I took them back the Manager couldn't do enough for me because they were frightened I would report them. Supermarkets are supposed to have very stringent rules about rotating stock and obviously this didn't happen. Definitely write to them and complain. You will probably get an apology and some vouchers its got to be worth a try!

[tigwig]

sorry forgot to add make sure you let them know about the expense you had to incur in cancelling your meal if you did and that you want compensating for it

[bednobs]

just leave it as it is. The fact you have posted this in civil law makes me think you just care about money/compensation rather than just feeling thankful you are alright and you DIDN'T have food poisoning, it is surely your own fault you missed the dinner due to your shaking and anxiety, so i would ask for my �1.80 back but thats it!

[B00]

This was posted elsewhere yesterday, I'm sure as I replied on it.

Anyway, I more or less said that you shouldn't be eating prawns whilst pregnant anyway. I do agree with bednobs though, it's really not worth bothering about. Just be grateful you and your little 'un are fine and get on with your life.

[whiffey]

Oh dear, this is getting out of hand. So one picks up some prawn sandwiches from the chilled cabinet, one doesn't notice the use-by date because one expects the supermarket to have done all the work for one.

Mulct them for maximum possible damages because it was all their fault, and not at all down to one to make a simple check.

Why would one want to claim compensation from M&S for one harmless day on a prawn sandwich ?

[buildersmate]

Because some us unfortunately seem to live in a blame and compensation culture

[lucy1manship]

Im sorry but if a day out of date prawn makes you sick for 'an entire trip' and makes you stay in with anxiety then wait for the baby - not to mention the sick and poo that comes with them.

Theres nobody but yourself to blame for that!!!!!

Come on girl - get a grip.

[tufty7]

Here is a tip especially for you lesley poo...

As you get older, when you go shopping you always check the sell by date and go to the back of the chiller and get the best date out , , this is to save yourself gorging on food about to expire.....

Sell by dates and best before dates are on there for a good reason but they are perfectly edible if kept correctly refrigerated.... move on lifes too short best your going to get is a �10 voucher .....

[Stu Dent]

What's so wrong about looking for compensation? If the public didn't have the option of seeking compensation whenever they are harmed through a company's negligence, why would many company's bother their backsides making sure their goods and working practices were safe?

M & S were negligent. They owe a duty of care to their customers and it is completely forseeable that a customer could become ill through eating an out of date sandwich which should never have been on their shelves puting customers at risk.

So, don't be embarrassed at seeking compensation! Seek the advice of a solicitor. M&S are liable in the law of tort/delict for your illness, and breached their duty of care towards you. However they will have a partial defence of contributory negligence in that you didn't check the sell-by date. Despite that, you still have a very strong case.