Milking the system....

insert name here 123

https://www.breakingnews.ie/ireland/two-boys-offered-10000-after-drinking-out-of-date-milk-from-tesco-1020862.html

"Two young brothers, who got sick after drinking out of date milk from Tesco, have been offered €10,000 in compensation. The brothers, both minors, sued Tesco Ireland Limited, through their mother.

Judge Marie Quirke adjourned approving the settlement offer in the case at Dublin District Court until a date in November.

Paul O’Shea BL, for the pair, told Judge Quirke the milk was bought from Tesco in Ashbourne on December 29th last, three days after the expiry date on the bottle. The boys drank it a day after it was bought and suffered vomiting and diarrhoea. One of the boys was aged 10. Their GP diagnosed acute gastroenteritis when he examined them a day later.

Their mother went to the supermarket to complain and was offered a fresh bottle of milk. Her sons felt ill for two of three days but did not have long lasting effects, the court was told.

The court heard that there could have been an element of contributory negligence by the mother but Tesco had conceded full liability.

Insurance
Judge Quirke said the offer seemed to be a substantial sum given the injuries. She asked counsel what role the court had if it considered it was too high. Counsel said the court’s role was to be satisfied the offer was adequate.

It was agreed it was high but that was a decision made by the insurers, and counsel did not think that was a matter with which the court could concern itself. Judge Quirke asked if there were superior court decisions on whether the district court has a role to investigate the matter. She said wanted to ensure she was applying the law correctly particularly when people were trying to run businesses and insurance premiums are very high, she added"

Overheal

What’s the problem here beside Tesco not rotating their stock correctly at all

Kilboor

Must look for some gone off milk next time I'm in Tesco. I'll take a day of the ****s for 10k

Be right back

Is there any personal responsibility anymore??

riffmongous

Did anyone actually bother to read the whole article to see where the figure comes from

Dempo1

Just read this, extraordinary. The insurers actually offered this without contesting liability and for once a Judge appears to have common sense, questioning the generosity. I'm sure Publicans currently in the high court watching this are getting a spot of gastrointestinal cramps themselves.

growleaves

In a Tesco in Dublin a few weeks ago I had to alert the staff that there was gone-off meat in the fridge. It was three days out of date.

The personal responsibility falls mainly on the employees of supermarkets to maintain a safe stock imo.

adamshred

growleaves wrote: »

In a Tesco in Dublin a few weeks ago I had to alert the staff that there was gone-off meat in the fridge. It was three days out of date.

The personal responsibility falls mainly on the employees of supermarkets to maintain a safe stock imo.

Had the same thing in my Tesco, two-week gone off Haddock and Salmon Chowder, messed up!:pac:

amadangomor

adamshred wrote: »

Had the same thing in my Tesco, two-week gone off Haddock and Salmon Chowder, messed up!:pac:

Fish rots from the head down, blame the management.

growleaves

keano_afc wrote: »

So everyone who gets food poisoning through their own negligence is entitled to five figure compensation?

'entitled to'


The skilled negotiators at Tesco offered five figures.

Overheal

growleaves wrote: »

In a Tesco in Dublin a few weeks ago I had to alert the staff that there was gone-off meat in the fridge. It was three days out of date.

The personal responsibility falls mainly on the employees of supermarkets to maintain a safe stock imo.

This.

10k is pennies to a big company like Tesco. If they have frequent problems keeping the stock rotated this settlement isn't going to inspire them to reform their practices.

Triangle

keano_afc wrote: »

So everyone who gets food poisoning through their own negligence is entitled to five figure compensation?

Insurers don't want to have legal bills, they can be substantial in some cases.
They probably offered what they thought would be awarded in the hopes of not incurring the solicitors fees (both sides legal fees if the judge awards against them)

This person got greedy and now has to pay their own fees out of the offer (from my understanding)

If more judges did this the courts wouldn't be so over whelmed with this type of rubbish. Either way the compo culture here is out of hand.

km991148

3 days off - must have stank - usually tesco milk goes sour 3 days before the stamped date..

Overheal

Be right back wrote: »

Is there any personal responsibility anymore??

It was the liability of the business to keep its expired products off the shelves, so a bit of a non starter there.

km991148 wrote: »

3 days off - must have stank - usually tesco milk goes sour 3 days before the stamped date..

Probably but also kids can be stupid and for all I know they had it poured into coco pops or something, and couldn't distinguish the taste, or simply ignored their suspicion on the knowledge it was a new purchase of milk.

km991148

Overheal wrote: »

Probably but also kids can be stupid and for all I know they had it poured into coco pops or something, and couldn't distinguish the taste, or simply ignored their suspicion on the knowledge it was a new purchase of milk.

ah yea of course - I didn't mean that as a get out for the person suing - just a dig at tesco and their sh!tty milk!

Overheal

km991148 wrote: »

ah yea of course - I didn't mean that as a get out for the person suing - just a dig at tesco and their sh!tty milk!

I mean ****ty milk for an Irish person? all your cows are grass fed aren't they? Anyway we've switched to Lactaid because the other half is intolerant of the awl lactose. a jug of that will last weeks without it tho, so tbf I never worry about it expiring, I'm more worried about my coffee creamer.

iamstop

Mooooo! I mean boooooo!

Aside from the OP's title I was expecting a lot more puns in this thread. So here goes.

I'll just try to cream a few off the top. So, the mother has beef with Tesco? She got a dairy good settlement out of it anyway. Cud have been worse. I mean, there is a lot at steak! No need for yizz to be so sour. Don't spoil it for the poor lads.

jay0109

Another victory for the Irish legal industry. Another sad day for the general Irish populace who'll pay for this embarrassing tale though higher prices

So, we cant drop in on friends or family for a cup of coffee, but no bother going to the courts for sour fcuking milk?

why are these type of case not pushed back in the current Covid climate? are they really that necessary right now?

Overheal

Jake1 wrote: »

So, we cant drop in on friends or family for a cup of coffee, but no bother going to the courts for sour fcuking milk?

why are these type of case not pushed back in the current Covid climate? are they really that necessary right now?

The courts are still in session during the pandemic, so why not? Either Due Process is on or it's off, agnostic of the docket before the court.

rob316

Everytime and I mean everytime I take the milk from the fridge I check the date. Every piece of fresh produce I buy I check the date.
There is just no personal responsibility anymore. 10k for a dose of the shots does not fit the issue here.

SeaFields

Given the courts typically seem to rubber stamp a settlement it's an interesting position by the judge. Barrister thought he was just heading for a two minute hearing to have the settlement approved rather than leaving with more work to do!

Fair play to the judge in being more critical of the situation. It'll be interesting to see what happens next...if indeed it goes any further than ultimately approving it.

martingriff

Be right back wrote: »

Is there any personal responsibility anymore??

Your about 10-20 years too late with a lot of people

tscul32

I check the date of everything that doesn't have a long shelf life before i buy it, especially milk in Tesco as it usually has a closer date than in other shops.

jay0109

I would have thought most people check the dates on fresh dairy/bread etc before they buy it.
And if milk was gone off in your fridge, you'd either notice it when pouring or on the very first taste when drinking it.

We need a State Agency backed ad campaign, preferably with some Social Media Influencers as well as an educational programme in schools. We cannot expect adults to know stuff like this without having their hands held along the way

martingriff

I had milk in my fridge over the weekend as I was gone away (it was legitimate reason) I had coffee and when I pored the milk there was pieces of cream floating. I drank the coffee as I needed it but got rid of the milk. Now I wished I kept it dam 10K. Also how could she show it came from Tescos. Milk smells and curdles when sour how will you not notice

Overheal

jay0109 wrote: »

I would have thought most people check the dates on fresh dairy/bread etc before they buy it.
And if milk was gone off in your fridge, you'd either notice it when pouring or on the very first taste when drinking it.

We need a State Agency backed ad campaign, preferably with some Social Media Influencers as well as an educational programme in schools. We cannot expect adults to know stuff like this without having their hands held along the way

Maybe I'm spoiled by my stateside local grocers but they have never IME left anything on the shelf that could be off, so, I've never been inclined to look. In fact, most major grocers I could say the same of, Ingles, Publix, etc - I'd say the lawsuits would outweigh the expense of rotating stock.

That Tesco could leave milk for sale 3 days past the expiration is really quite something. Where was it hiding?

Atlantic Dawn

Wtf, how does this amount come in to play when there's no lasting injury?

jay0109

Overheal wrote: »

That Tesco could leave milk for sale 3 days past the expiration is really quite something. Where was it hiding?

That someone could buy it without looking at the date in the shop is something.
That someone could then pour it without noticing it was off is quiet something.
That someone could then drink enough of it to be sick for a day without copping on the first taste of it that it way off is beyond something.

But here's 10k for your stupidity...it's always someone else's fault

Pythagorean

Whatever happened to the age old principle of "Caveat Emptor" ??

Rayne Wooney

Don’t all supermarkets get a warning signal on the checkout screen when something is out of date? Am I imagining this?

A couple of months back I bought a milk beverage from Tesco that was, to my surprise, 10 months out of date. I only noticed this after consumption and surprisingly wasn’t ill. On this basis Tesco must owe me about €1.1 million.

Overheal

Triangle wrote: »

The cost to us is in increased insurance costs.
A shop in Galway has over a 100k insurance cost every year. That cost gets put on goods.

We pay in the end.

Should settlements and injury compensation be abolished?

Overheal

jay0109 wrote: »

That someone could buy it without looking at the date in the shop is something.
That someone could then pour it without noticing it was off is quiet something.
That someone could then drink enough of it to be sick for a day without copping on the first taste of it that it way off is beyond something.

But here's 10k for your stupidity...it's always someone else's fault

I shop in reliable grocers and I never really check the dates on anything, never really have to, certainly not within a week. "Manager's Special" ie. closeout items notwithstanding.

These were kids that drank it, and are we sure how they consumed it? As a drink? In cereal? A recipe?

The liability is ultimately the grocer who is licensed and regulated to keep expired products off shelves.

Triangle

Overheal wrote: »

Should settlements and injury compensation be abolished?

Imo yes. The new Zealand model is as close to perfect as is out there atm.

They pay for the rehabilitation and damage done, it removes the compo culture (in a good way) see below for how a no fault system works in a way that its spread over every business. (taken from the acc website)

"The Accident Compensation Corporation (ACC) provides compulsory insurance cover for personal injury for everyone in New Zealand, whether a citizen, resident or visitor.

This means if you are injured by an accident in New Zealand, ACC may pay some of your medical and rehabilitation costs.

ACC is a no-fault scheme – the only one of its kind in the world. It applies regardless of who caused the accident – including you. But it also means you can’t sue for any costs that relate to the injury or its negative effects. "

Beasty

Closing this and going to be deleting a large number of posts speculating over the motives behind parties involved here

I'm not proposing to re-op0en it as that will simply encourage more such speculation, and TBH, the thread would quickly fall off the front page but for speculation