GRACE CHAILE LESOETSA
A Lusaka resident has taken Lactalis Zambia limited and Pick ‘n Pay Retailers (Pty) limited to court for selling rotten sour milk which caused an illness and seeks damages amounting to K7, 500.
Mr Simon Banda wants the Lusaka High Court to order Lactalis Zambia and Pick ‘n Pay to pay him punitive damages for negligence, damages for pain and suffering caused, damages for mental distress and anguish.
He also wants special damages in a total amount of K7, 500 claiming that he spent K2, 500 on hospital bills and K5, 000 as transport cost.
In a statement of claim, Mr Banda stated that on January 28, this year, he bought for consumption, two sachets of sour milk produced by Lactalis from Pick ‘n Pay, a super market chain store at one of its outlet located in Makeni.
He said that after he consumed the sour milk, within a shot period suffered heavy abdominal pain, diarrhea and vomiting.
Mr Banda said he reported the matter to the Chain store as pay procedure and later went to Matero Level One hospital where he was attended to and given medication. He was however referred to University Teaching Hospital (UTH) for further investigations.
He Lactalis has the duty as the manufacturer to ensure that the products supplied has a duty and responsibility of making sure thate the milk meets the health standard and is good for consumption.
He stated that Pick ‘n Pay equally has the duty to ensure that the goods supplied to its chain store for sale to the public meet the standard and is good for human consumption.
Mr Banda claimed that as a result of the defendant’s negligence, he suffered heavy abdominal pain and vomiting.
