The protection of consumer health and safety are fundamental rights guaranteed by law. This means that when purchasing products or services, people have the right to expect that these items do not present risks to their health and safety.
Even when a business establishment does not intentionally act to cause harm, it is still responsible for ensuring that its products or services are free from harm.
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From this perspective, the 34th Chamber of Private Law, of the Court of Justice of São Paulo (TJ-SP), took a unanimous decision to order a restaurant to pay compensation to a consumer.
This occurred due to the sale of a meal that contained strands of hair mixed into the food.
The decision reinforces the importance of the responsibility of commercial establishments in ensuring the quality and safety of the products they offer to consumers.
(Image: disclosure)
Consumer found hair in food and will be compensated
The case occurred in a shopping mall in the city of São Paulo last year and involved a customer who found a tuft of hair next to a piece of fish on his plate.
The man initially complained to the cashier restaurant, who refunded the amount paid for the meal. However, dissatisfied with the situation, he decided to file a lawsuit for moral damages.
The first instance decision, when investigating the restaurant, was to pay compensation of R$5,000 to the consumer for moral damages. However, the establishment chose to contest the verdict. As of this writing, the case has not yet reached a conclusion.
Cases like this only reinforce the maxim that commercial establishments that sell ready-made foods must pay maximum attention to the products supplied to avoid similar inconveniences.
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