News24

KFC sued over dodgy chicken

2012-04-21 08:35

Sydney - An Australian girl who suffered severe brain damage and was left paralysed by food poisoning won a court case against fast food giant Kentucky Fried Chicken, in a judgment published on Saturday.

Monika Samaan was seven years old when she suffered salmonella encephalopathy - a brain injury linked to food poisoning that also left her with a blood infection and septic shock - in October 2005.

Several other family members also fell ill and they claimed Samaan's injuries, which include severe cognitive, motor and speech impairment and spastic quadriplegia were caused by a KFC chicken Twister wrap.

She went into a coma in hospital and was so ill last rites were given.

The Supreme Court ruled in the family's favour, finding that her sickness was caused by "a KFC Twister... consumed predominately by Monika and in lesser quantities by her family."

Negligent

Justice Stephen Rothman said the chicken became contaminated "because of the failure of one or more employees of KFC" to follow proper preparation rules, which he described as "negligent".

"There is some evidence, which I accept, that some employees were unaware of the full consequences of a breakdown in the system that was to be implemented," Rothman said in his judgment.

"Nevertheless, the conduct of the employee was negligent and KFC, as the employer, is vicariously liable for the negligence."

An internal review of standards at the store in the months before Samaan's illness assessed them at "breakdown" level, with particular criticism of hygiene and food preparation, Rothman said.

Though compensation will be determined in a separate hearing Rothman described the now wheelchair-bound Samaan's injuries as being of a type and severity that were "most rare".

Total care

"She is now intellectually disabled, is unable to function independently, she needs total care and she will be unable to live a life filled with normal activities, relationships, milestones and achievements," he said.

"The plaintiff has been severely disabled at a very young age and as a result of her injuries, it is clear she will never enjoy the normal life that was expected of her prior to this catastrophic event."

KFC said it would appeal the decision.

"We believe the evidence showed KFC did not cause this tragedy and, after reviewing the judgment and seeking further advice from our lawyers, we have decided to appeal Justice Rothman's decision," said KFC Australia spokesperson Sally Glover.

"We feel deeply for Monika and the Samaan family however we also have a responsibility to defend KFC's reputation as a provider of safe, high quality food."

Comments
  • Margie Bruwer - 2012-04-21 09:10

    I agree with the judge, the last time I ate KFC, more than a year ago the Chicken were old and had a funny off taste and the the bunns were by my meaning way over the expiry date! Will never eat KFC again!

      Johann - 2012-04-21 12:22

      Yes, because this indecent makes all the worms come crawling out of the wood. If KFC served food below par they would have been out of business eons ago. This is clearly an isolated indecent and very sad. That said, isolated or not, I do believe KFC are liable for costs. That hardly means you have to write off the chain.

      Johann - 2012-04-21 12:22

      Yes, because this indecent makes all the worms come crawling out of the wood. If KFC served food below par they would have been out of business eons ago. This is clearly an isolated indecent and very sad. That said, isolated or not, I do believe KFC are liable for costs. That hardly means you have to write off the chain.

      Gemma-Leigh - 2012-04-21 12:41

      Incident

      Gemma-Leigh - 2012-04-21 12:41

      Incident

      mholthuysen - 2012-04-21 13:04

      Agree with you Margie - my last incident with a burger from KFC was that the chicken was still frozen inside - one bite and straight into the bin; never to be repeated!

      mholthuysen - 2012-04-21 13:04

      Agree with you Margie - my last incident with a burger from KFC was that the chicken was still frozen inside - one bite and straight into the bin; never to be repeated!

      Johann - 2012-04-21 22:41

      Thank you Gemma-Leigh - iPhone autocorrect fail.

      Johann - 2012-04-21 22:41

      Thank you Gemma-Leigh - iPhone autocorrect fail.

      marcanthonytaylor - 2012-04-24 11:13

      I'm guessing someone complained to head office and the reply was an apology instead of a R1000 voucher for KFC.

      Sinjoku - 2012-05-31 11:09

      Uhmm I don’t think you can associate this tragic incident and others posted on here to all KFC outlets.... Each of them has a manager maybe even an owner running the kitchen. Each kitchen is operated by different people or independently from the other. So you cannot compare what happened at 1 KFC outlet to another or generalise. HOWEVER I too have had issues with a KFC outlet. And it is sad because they used to make good food 10 years ago. I have not had a KFC anything in years. SAD but I will rather be safe than sorry. I do however wonder about the company that runs most of the KFC outlets in JHB/Pretoria region. As they clearly have some issues surrounding their quality control. I think someone should investigate it. It definitely seems as if there is a lot incident out there. Simply name and shame the bad outlets. They don’t deserve to operate if they are hurting people. This current news story should serve as a valid reason for the public being made aware of bad outlets. This would make it safe for me to once again try quality KFC from a decently run outlet.

  • goyougoodthing - 2012-04-21 09:22

    KFC and all fast food is not even food, why people eat it is beyond me

      AnthonyfromAfrica - 2012-04-22 08:45

      That is utter nonsense. Much fast food, is in many ways healthier and far more nutricious, than non fast food !!!!

      AnthonyfromAfrica - 2012-04-22 08:45

      That is utter nonsense. Much fast food, is in many ways healthier and far more nutricious, than non fast food !!!!

      Amore - 2012-04-23 10:57

      Hi AnthonyfromAfrica, I work for a health and wellness magazine and would love to read more on this claim that fast food is healthier than non-fast food (by which I assume you mean store-bought ready-made products and not home-cooked meals). This claim goes against all the information I have on the subject, but I am always open to hearing both sides of the story and would love to investigate.

      Amore - 2012-04-23 10:57

      Hi AnthonyfromAfrica, I work for a health and wellness magazine and would love to read more on this claim that fast food is healthier than non-fast food (by which I assume you mean store-bought ready-made products and not home-cooked meals). This claim goes against all the information I have on the subject, but I am always open to hearing both sides of the story and would love to investigate.

      Heiku - 2012-05-31 10:19

      HAHAHAHAH HEALTH AND WELLNESS MAGAZINE!!!! EARTHLING!?!? Return of the hippies?

      daryltt - 2012-05-31 10:53

      Not saying fast food is healthy but neither is restaurant food. Ever taken pasta home from a restaurant and put it in the fridge. It solidifies from all the cream and fat that is added to taste sooo good. If you want healthy food for sure, cook it yourself...healthily.

  • Gemma-Leigh - 2012-04-21 09:27

    O.o Shocking...good luck proving KFC's innocence 7 years later.

  • Angela - 2012-04-21 09:37

    Sad story. I bought KFC last week and it was absolutely revolting. Old reheated chicken and chips. Never again. I've heard of a few people getting food poisoning from KFC too. Clearly their standards are not very high.

  • Scallo - 2012-04-21 09:44

    Sad story to read,I'm concern about kfc appealing the jugdement is like they don't won't to accept the mistakes they made that lead to this tragic accident,I hope the family can be strong again to face the appeal.I also don't eat kfc anymore due to what I have observe in some of the shops.

  • Christopher - 2012-04-21 09:45

    Guyz be alert oph KFC

  • Franna16 - 2012-04-21 09:48

    I ate KFC last week and it was delicious!!!

  • pws69 - 2012-04-21 09:52

    Anyone else notice the salty taste you sometime get when eating KFC (and other) chicken from fastfood outlets? When chicken reaches its sell by date at supermarkets certain suppliers recall it and "process" it with chemicals and brine to "extend" the shelf life. It was exposed in the news a few years ago. http://www.news24.com/SouthAfrica/News/Frozen-chicken-horror-20101219-2

      DieHoekseun - 2012-04-24 08:43

      KFC only use Rainbow chicken and that was another brand Supreme that Shoprite/Checkers sells. PnP brand also use the same brand only different packaging.

  • Cassandra Olivier - 2012-04-21 10:07

    I don't buy KFC

  • Irené - 2012-04-21 10:11

    I thought after the masses of documentaries on the subject, people would know by now what exactly fastfood is,. if you want to play russian roullette with your health, be my guest, but how anyone still considers KFC or McD's a meal, goes way over my head. If you eat junk, you become junk, simple logic

  • Earl O Tool - 2012-04-21 10:12

    in my opinion, i enjoy my KFC but this is an unfortunate incident and care should awarded to the family suffered by the wrath of the wrap. unclear as to what was in this wrap that went wrong which puts me off about this incident as to why KFC would appeal.

      Gemma-Leigh - 2012-04-21 11:46

      It was the chicken. She had salmonella poisoning...that's caused by the incorrect storing of or preparation of chicken.

      Gemma-Leigh - 2012-04-21 11:46

      It was the chicken. She had salmonella poisoning...that's caused by the incorrect storing of or preparation of chicken.

      Mike - 2012-04-24 09:12

      @Gemma-Leigh: Salmonella poisoning is carried on other foodstuffs too, not just chicken, even contaminated water can carry it. From the limited information given here you cannot definitely state that the chicken caused the illness.

  • Dave - 2012-04-21 10:24

    Since one of my family was poisoned at a popular brand of fast food outlet two years ago, we have not and will not ever do take-aways, etc again. Just disgusting, cholestrol-filled rubbish

  • ystervark - 2012-04-21 10:38

    Safe

  • Johan - 2012-04-21 11:14

    KFC is way to expensive for my ...er...taste!

      Shibe - 2012-04-21 11:40

      wow dis iz dsgtsng,i dnt lyk kfc,i'l neva eat dat again

      Shibe - 2012-04-21 11:40

      wow dis iz dsgtsng,i dnt lyk kfc,i'l neva eat dat again

  • lihle.majozini - 2012-04-21 11:27

    Wow, anyway KFC twister is not my favourate meal, maybe they should start to think about restructuring their prices, they are too expensive!

  • Ian - 2012-04-21 11:32

    This Twister should have been force fed to Malema. Can not stand that guy.

  • Lerato - 2012-04-21 11:38

    Thought Australia was the safest place in the world, may all the \I'm leaving, I'm going to Australia\ go in peace! All the best, you won't be missed!!

      Joe - 2012-04-21 12:33

      Your statement is just dripping with jealousy lol. I dont think they care whether they are missed by the likes of you, I wouldnt.

      Joe - 2012-04-21 12:33

      Your statement is just dripping with jealousy lol. I dont think they care whether they are missed by the likes of you, I wouldnt.

      Kyle - 2012-04-21 13:16

      thanks lerato. Jou ma se tannie. You can just stay here and fight off rapists. See you never biatch

      Kyle - 2012-04-21 13:16

      thanks lerato. Jou ma se tannie. You can just stay here and fight off rapists. See you never biatch

      Lerato - 2012-04-21 13:40

      I wonder what you are still doing in this useless country, OR Tambo is operational, good bye!!

      Lerato - 2012-04-21 13:40

      I wonder what you are still doing in this useless country, OR Tambo is operational, good bye!!

      Gemma-Leigh - 2012-04-21 16:13

      Lerato, this is an internationally accessed site...so what makes you think they're in S.A. Mind you Kyle has a point...I'll take vrot chicken over gang rape ANY day. Chicken won't give me AIDS.

      Gemma-Leigh - 2012-04-21 16:13

      Lerato, this is an internationally accessed site...so what makes you think they're in S.A. Mind you Kyle has a point...I'll take vrot chicken over gang rape ANY day. Chicken won't give me AIDS.

  • Gift - 2012-04-21 12:08

    Quality takes time they don't call it fast food for nothing

  • Wade - 2012-04-21 12:15

    McDonalds all the way!!!!

  • Nasser - 2012-04-21 13:44

    It leaves a bad taste (if you'll pardon the pun) when corporations (KFC via spokesperson, Sally Glover) proclaim to "feel deeply for Monika and the Samaan family..."! BS - Corporations have neither feeling nor conscience. The only "deep feeling" will be that of pissed offness from the owners at the potential loss of revenue due to the adverse publicity!

  • Grant - 2012-04-21 15:54

    The only problems I've had with KFC have been my greasy fingers and the smell in my car afterwards. The last KFC I went to was in Fish Hoek. believe me the place was so busy that the chicken wouldn't have time to go vrot. When I asked a KFC manager if the chicken was fresh, he replied, "Fresh!! Why the rooster hasn't realised it's gone missing yet".

  • stefan.vanderspuy - 2012-04-23 11:26

    What a severe case of food poisening! I rarely eat Kentucky or deep fried foods, but whenever I've bought it, it's been fresh and tasty. Expensive!

  • marcanthonytaylor - 2012-04-24 11:12

    If some employees were unaware of the consequences of a break down in the system, which is food handling then surely due diligence is not what it should be KFC. I hope the appeal fails not because I dislike KFC (I don't eat it) but because it is heart warming to see corporations be held accountable.

  • Eban - 2012-05-31 10:05

    KFC.....glad so damned glad..hope your business goes down and shuts.....it's disgusting...we have also been victims...with a voucher for compensation after 2 family member admitted to hospital for 4 days, your food tested at your request, which came back "VROT" and the Grayston KFC was given a little letter of warning...no compensation, no visit to the hospital...nothing other than cheaply printed vouchers, that we tore up and put in the bin and none of us, our friends or their friends have ever put foot into a KFC again!!! NB 3 - 11 - 55 Factor !! If you have a good experience a total of 3 people get to hear about it, on the other hand, a bad experience ....11 people get told and in turn those 11 people tell at least 5 people...this is the POWER people like KFC forget !!! Go down, go down go down KFC....!!!

  • andrew.kannemeyer - 2012-05-31 10:52

    KFC staff dont wear gloves when working with your food. They wipe there snot and sweat and then make your food. Disgusting! Dont believe me, go check it out for yourself!

  • Oom - 2012-05-31 10:55

    I don’t like to knock anybody ..BUT.. Since the Americans pulled out of SA ,(after introducing the Sulivan code in the 80’s), the prescribed standards have not been up held the way the Americans intended them to be. I have had chicken with flies under the skin, which I was told crept in whilst lying outside in the sun thawing out.. I have also, on more than one occasion, had bad chicken. I do still support the brand, but really wish that KFC could monitor their VERY high standards which were set in their original plan. Good luck KFC

  • sedara.lambros - 2012-05-31 11:35

    Firsly It's safer to eat at home!! Specially when you have kids..what's wrong with cooking!??? Secondly..because people are too lazy to cook, they put so much pressure on take away outlets and should expect that something can go wrong sooner or later. With people queueing and queueing..when do the staff get time to clean?? These are the risks you take when you are lazy!! Nothing like a home cooked meal for your children! It doesn't help bad- mouthing the whole chain..they have been going for years and years...and probably will continue doing so for many many more lazy people! Buy fresh and cook!!! Simple as that..

  • ShagSpear - 2012-06-02 03:56

    2005 and they only claim for damages in 2012? something dodgy

  • pages:
  • 1