3.1.1. Salmonella infection of a caring spouse The elderly plaintiff suffered from a salmonella infection caused by the foor served in the defendant’s restaurant. As a result, she wasn’t able for a certain period of time to look after her paralysed husband in need of care. She therefore hired a professional carer to take over the tasks she had previously performed herself. In her lawsuit, she claimed the costs incurred for this. The first instance court dismissed the claim and held that the fact that she couldn’t take care of her husband was a damage suffered by her husband rather than by herself. The increased care costs incurred as a result were at the expense of the husband and not at the expense of the plaintiff. The appelate court reversed the judgment and held in favour of the paintiff. The claim for reimbursement of the costs of assistance necessitated by the injury to a housewife should be regarded primarily as compensation for her reduced earning capacity and only secondarily as compensation for the costs of compensating for this capacity. The Supreme Court ruled that although caring for a disabled spouse would not fall strictly within the scope of household management, it should be regarded as a partial obligation within the framework of a comprehensive marital partnership. The plaintiff was therefore entitled to compensation.19 The decision does not discuss whether such damage might be so atypical that it could no longer be considered adequately caused by food poisoning. While damages claimed for in food poisoning cases usually consist of medical costs, pain and suffering or loss of income, restrictions on domestic responsibilities are not exactly an atypical consequence of such a health impairment. 3.1.2. Contaminated water A case decided by the Higher Regional Court of Innbruck concerned the contamination of drinking water at refreshment hut in the Alps. Due to sewage entering the spring water from a cesspit, the chlorination plant was no longer able to treat drinking water. As a result, pathogens that had entered the spring water via the sewage and reached the restaurant’s drinking water treatment system caused at least 46 people who had consumed food and drink at the snack bar to contract hepatitis A. Despite indications of poor water quality, the restaurant operators had not 19 OGH judgment of 19.05.1994, 2 Ob 533/94. 198 MICHAEL WUKOSCHITZ
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