If you buy out of date products and are subsequently taken ill, can you make an illness claim? The short answer is yes, but it depends on a few things.
What’s the law if you want to buy out of date products?
The ‘reduced to clear’ sections of various shops are often home to some significant bargains. Anyone who has worked in a supermarket will have stories of thrifty shoppers following them as they mark products down. On the surface, it seems like a mutually beneficial situation. The shop gets rid of unwanted stock. The shopper picks up some heavily discounted produce.
However, if you check the expiry dates of all these products, you will see that they are still in date. They might expire that day, but the shop is still entitled to sell them.
The issue of people wanting to buy out of date products is further complicated by the variety of expiry dates. A best before date, for example, simply indicates the point at which a product’s taste will deteriorate. It’s still safe to eat for a while after, and some shops may even continue to sell it. This is fine, providing they make the customer aware of the situation.
Of course, there is also the idea that consumers should also be responsible for their safety. If something is bought then stored in a cupboard at home, be sure to check the expiry date yourself before use.
Can I make a claim if I’m made ill from eating out of date food bought from a shop?
Despite the aforementioned personal responsibility, it’s reasonable to trust you are buying food within its expiry date. If for whatever reason, it isn’t, and you fall ill after consuming it, you may have a case for compensation.
Most illness and injury compensation claims are dependent on three main factors.
- The incident occurred within the last three years
- The incident was the result of negligence or the fault of someone else
- A medical professional confirms that the illness or injury was caused by the incident
If you buy out of date food from a shop, this would count as negligence on behalf of shop management. A quick call to Accident Advice Helpline can get your claim started. Our lawyers work on a 100% no-win, no-fee* basis. Call 0800 689 0500 or 0333 500 0993 from mobiles. You can also take our 30-second online test to help determine your claims eligibility.
Date Published: April 20, 2017
Author: Accident Advice