How he won €45,000 compensation after a supermarket batch caused serious illness
Ronan was a 42-year-old office worker living in Cork City. He wasn't someone who paid much attention to food safety — he bought his lunches from the supermarket like everyone else, grabbed whatever was on offer, and never thought twice about it. Everything changed one Tuesday evening in March 2022 when he opened a packet of ready-made sandwiches from a well-known supermarket chain.
Within hours of eating the sandwich, Ronan felt unwell. He thought it was just a stomach upset and tried to sleep it off. But by morning, he was severely ill — violent vomiting, diarrhoea, fever, and abdominal pain so bad he couldn't get out of bed. His wife insisted on calling the GP, who advised him to go straight to Cork University Hospital. There, doctors confirmed he had food poisoning and kept him for three days on an IV drip. The infection was serious enough that he was signed off work for two weeks and couldn't return to his desk job for another month after that.
A week after Ronan left the hospital, the Food Safety Authority of Ireland (FSAI) issued a public alert. The batch of sandwiches he had eaten was contaminated with Listeria monocytogenes — a dangerous bacterium that can cause severe illness, especially in older adults. The supermarket and the producer immediately recalled all remaining products from that batch. Ronan kept his receipt and the packaging. He now had proof that the food he bought was genuinely defective, not his own fault.
Ronan didn't immediately think about compensation. He was just relieved to recover. But three months later, he was still having digestive problems and had missed a significant amount of income. His wife encouraged him to speak to a solicitor. That's when he found out that under Irish law, he had a right to claim.
With legal help, Ronan made a claim against the food producer under the Liability for Defective Products Act 1991. The producer's insurance company eventually agreed to settle. Ronan received €45,000 in compensation — €15,000 for his pain and suffering, €20,000 for lost wages and medical costs, and €10,000 for ongoing health issues. The settlement also covered his legal fees.
The Liability for Defective Products Act 1991 is the Irish law that protects people hurt by faulty products. It's a strict liability law — that means the manufacturer is responsible for damage caused by their product, regardless of whether they were careless or negligent. You don't have to prove the company did anything wrong. You just have to prove:
The manufacturer of the product is primarily liable. In Ronan's case, that was the food producer whose name appeared on the packaging. The supermarket can also be liable in some cases, but the manufacturer is usually the main target of a claim because they are responsible for the safety of the product they put on the market.
Food poisoning from contaminated packaged food is a clear case of a defective product. The food arrived at your home in an unsafe condition — not fit for consumption. If the FSAI confirms a batch recall (as happened with Ronan's sandwiches), that is strong evidence of a defect. The manufacturer knew or should have known the food was unsafe.
You will need medical evidence that you had food poisoning (hospital records, GP notes, test results). You will need the receipt showing you bought the product. And ideally, you will have the packaging or a photo of it. If there's an FSAI recall notice or news reports about the contamination, that strengthens your case significantly. Your solicitor will gather this evidence and present it to the producer's insurance company.
Compensation in defective product cases is calculated in two main ways:
This covers the physical pain, discomfort, and distress you experienced. For food poisoning that required hospital treatment (like Ronan's), you can expect €10,000 to €30,000 depending on how long you were ill and how severe it was. If the illness was milder and you recovered quickly, the amount may be lower.
Tell Sarah what happened. She will explain your options and match you with the right solicitor in your county — completely free, no obligation.