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Customer who found 'foreign body' in tomato sauce will be indemnified

09/01/2016

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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Client is indemnified after problem in tomato sauce

After a portion of the tomato sauce box, a consumer of Colac had the surprise: inside the packaging, mixed with the product, a foreign body. The caused moral damage, a food industry and a supermarket were sentenced, jointly and severally to compensate the consumer at R$ 4000.

In his defense, they claimed the required prescription claim period, because the consumer would have only noticed one day after the opening of the packaging. Also called for expert evidence to assess whether the foreign body is indeed harmful to health, sustaining thus the incompetence of the Small Claims Court to adjudicate the feat.

However, the magistrate of the 2nd Special Civil Court of Colac, says that the deadline for seeking appropriate action was not violated, since the consumer acted shortly after take notice of the problem in question.

The need for expert evidence, the judge stated that the product defect is already characterized, being clear that it is already unfit for consumption.

Similarly, the judge said that the defense of the defendants had only documents related to product manufacturing, and control employee pests, however, in a generic way, without evidence to suggest that the absence of liability of defendants.

Thus, the judge stated in his decision, considering the feeling of insecurity, disgust and disgust experienced by the author in the presence of a foreign body in a product that had already consumed, and that was to consume, it is the required, to have placed on the market product that does not offer security that is expected of it, the duty to compensate for off-balance sheet damage.

Procedure: 0006609-36.2015.8.08.0014

 

Source: TJES

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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