HM Insights

Large Supermarket Chain Pays-Out following Baby Sickness

Harper Macleod, successfully represented the parents of an infant child in a claim for reparation following sickness after consumption of a baby milk product.

The child’s mother had bought the baby milk as part of an “Aptamil First Milk” starter pack from the supermarket in Edinburgh.


Following ingestion of the milk, that came ready mixed in a special bottle, the child became ill with diarrhoea and sickness within 10-16 hours and thereafter, lasting a number of days.

In a bid to investigate the root of the sickness, the baby’s mother checked the use-by date of the milk only to find that it was over a month out of date.

The supermarket, a leading chain in the UK, had failed to remove the product from its’ shelves once the expiry date had passed. As such, Harper Macleod was able to successfully argue that the supermarket had failed in their duty to implement an adequate and effective system of inspection in relation to produce that is subject to an expiry date. As such, the supermarket had failed in their duty of care to the infant and its parents, as customers of the store.

The supermarket admitted liability for its’ failings and provided the parents of the child, as guardians, an undisclosed four figure sum for the distress caused.

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