Clipping of news on Brazilian Culture, Law and Citizenship
11/24/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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By Bruno Luiz
Photo: Reproduction / Getty Images
A unit of the Burger King fast food chain in Salvador was ordered to pay R$ 5,000 in damages to a man who developed gastroenteritis of infectious origin (food infection) after consuming food in the establishment. According to the case file, to which Bahia News had access, the plaintiff, initialed M.P.S.C., bought a sandwich of the type BK Stacker Burger Triple; A portion of large fries; And an orange soda in the amount of $ 25. About three hours after consuming the products, the man began to experience severe abdominal pain and to vomit constantly. After going to a hospital unit, laboratory tests and doctors testified that he had contracted a food infection caused by food consumption. In bringing the case to court, M.P.S.C. Asked that the company be condemned to indemnify him for moral damages, in addition to the restitution of R$ 25 from the purchase of the snack and R$ 210 referring to the rent of a house in another city for June celebrations, whose trip had to stop Do because of the infection. In the lawsuit, the man attached purchase invoice, hospital report showing that health problems were brought about by food intake, medical prescription and nutritional information of the products, documents that helped to prove the case. In the defense, Burger King claimed that the trial court had no jurisdiction for the trial "because of the need for technical expertise." Already on the merits of the issue, he argued "lack of responsibility for not having a causal link and that there is no moral damages to be compensated." In a decision condemning the company to indemnify the man for R$ 2,500, Judge Antônio Marcelo Oliveira Libonati, 11th Court of the System of Special Judges of Consumer Protection, denied the preliminary of incompetence raised by the fast food unit, Arguing that it was not "necessary to produce expert evidence to prove the fact, given that the evidence in the case file was sufficient to elucidate the case in question." Libonati also maintained that the author presented documents to prove the fact. The magistrate still criticized the conduct of the company. "It can not be considered as reasonably appropriate for an undertaking of the size of the defendant to treat the consumer with disregard. Their duty is to excel in the provision of agile but efficient service, and any type of activity that causes harm is unacceptable, "he added. Burger King appealed, insisting on the argument that there was no causal link between the product supplied and the infection suffered by the consumer, but unanimously, the Fifth Panel of the State of Bahia, maintained all the terms of the award, Value of the indemnity to R$ 5,000.00, according to the terms of Judge Rapporteur Judge Cristiane Menezes Santos Barreto. According to Luiz Vasconcelos, defense lawyer of the plaintiff, the decision opens precedents for other cases. "It ends up creating a jurisprudence, considering that the evidence in this process was extremely fundamental for the conviction of the Judges," he said in an interview with Bahia News. Vasconcelos also gave tips on how consumers should act in similar cases. "It is necessary that evidence be collected as an invoice for the product. If there is any malaise, go to the first medical unit to collect the report, blood tests, medical prescriptions, anything that can prove that the consumer suffered that misfortune. If there are witnesses who have witnessed the fact that he consumed the product in that store, it is also important to give substance, "he explained.
Source: Bahia News
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This article was translated by an automatic translation system, and was therefore not reviewed by people.