Sueing the Government when you are actually in the wrong

[a_unique_person]

https://www.abc.net.au/news/2023-11-13/i-cook-foods-court-victoria-listeria-outbreak-saga/103097104

I have seen this in other cases as well. Someone does something dangerously illegal, the government reacts appropriately but the 'victim' sues them successfully.

In this case a woman died of food poisoning after eating commercially prepared food. The government took samples and ordered the business to stop all activities.

The tests showed the presence of Listeria.

A council inspection found a slug on a wall.

The business sued on the basis that the government was too hasty on shutting down the business and won that the process was flawed. However, no damages were awarded.

The government didn't wait for the test results before shutting down the business.

[emoji849]

The business claims the slug was planted.

[emoji849]

 

[Norman Alexander]

I'm awfully glad that the slugs in this case did not come from a gun.

 

[PitPat]

I think the more important question is how a slug could get off the wall into somebody's order before chef or server noticed it first.

There's also the legal issue of mental competency of persons who hires a catering company called I Cook Foods.

 

[a_unique_person]

The slug wasn't in the order. It was on the wall when the workplace was inspected. The listeria isn't as visible as a slug but it kills while slugs usually don't.

 

[gabeygoat]

I think the more important question is how a slug could get off the wall into somebody's order before chef or server noticed it first.

escargot

 

[Donal]

https://www.abc.net.au/news/2023-11-13/i-cook-foods-court-victoria-listeria-outbreak-saga/103097104

I have seen this in other cases as well. Someone does something dangerously illegal, the government reacts appropriately but the 'victim' sues them successfully.

In this case a woman died of food poisoning after eating commercially prepared food. The government took samples and ordered the business to stop all activities.

The tests showed the presence of Listeria.

A council inspection found a slug on a wall.

The business sued on the basis that the government was too hasty on shutting down the business and won that the process was flawed. However, no damages were awarded.

The government didn't wait for the test results before shutting down the business.

[emoji849]

The business claims the slug was planted.

[emoji849]

Seems like a due process issue. I actually like that the burden is on the government to make sure they have their act together.

 

[Planigale]

The slug wasn't in the order. It was on the wall when the workplace was inspected. The listeria isn't as visible as a slug but it kills while slugs usually don't.

My Hosta would argue with this. They not only kill, they mutilate.

 

[Planigale]

Seems like a due process issue. I actually like that the burden is on the government to make sure they have their act together.

I agree, the government has to follow due process, the slug probably came in on farm fresh vegetables, good on them for not using processed frozen vegetables.

Listeria is associated with fresh vegetables and unpasteurized dairy products and cold meats. The unusual thing about Listeria is refrigeration doesn't stop it growing. So the slug was a marker for fresh food which is associated with Listeria but not the cause.

I briefly worked in a laboratory that did environmental health sampling and was told that the good restaurants using fresh food were the ones with occasional food poisoning whilst MacDonalds (and other similar chains) using highly processed products rarely had a problem.

Once Listeria was identified in the samples from the kitchen I think that there was no alternative to closing it down until it was 'clean'. The kitchen staff may have done nothing wrong, sometimes bad things happen.