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Where should corporate responsibility end and individual responsibility begin? Over decades the line has moved inexorably in the direction of the former: the law has accorded more and more protection to the consumer. That is a good thing. But the principle of caveat emptor cannot be entirely extinguished, or we would be living in a world where businesses would be forced to treat all their customers as if they were helpless infants. Which would be, well, infantilising.
These thoughts are provoked by two much-reported incidents involving injury and death. The injured party is a 49-year-old Frenchwoman, Corine Remande, who said she was planning to sue the organisers of the Ryder Cup after being struck in the eye by a wayward golf ball during that encounter between America and Europe.
Remande, who had travelled to France with her husband from her home in Egypt to witness this epic contest in the flesh, experienced what her doctors described as “a fracture of the right socket and the explosion of the eyeball” after a misdirected drive by the US player Brooks Koepka plunged into a phalanx of spectators on the sixth hole of Le Golf National course in Saint-Quentin-en-Yvelines.
It was impossible not to feel great sympathy for Remande, as, with her now useless right eye heavily bandaged, she bravely appeared before the cameras a few days later, to complain that “officials did not shout any warning as the player’s ball went into the crowd”. Actually, they did: loud cries of “fore” could clearly be heard on the TV replays of the incident.
But even if those warning shouts did not reach her, she stands no chance — I hope — of a successful litigation. All Ryder Cup tickets were issued in accordance with the ground regulations of the event, which state that spectators acknowledge the risks associated with being present (at a sport in which balls are struck with immense force, not always in the direction intended). And the reason golf fans stand so close to the path of the ball is to feel part of the action. They are, in a sense, participants themselves, with all the attendant risks in a hard-ball game. Sorry, Corine: public sympathy will be for your great bad luck, not your litigation.
Her misfortune is as nothing to that experienced by the family of Natasha Ednan-Laperouse. West London Coroner’s Court heard last week how this 15-year-old had died of anaphylactic shock on a BA flight from London to Nice. The daughter of the toy tycoon Nadim Ednan-Laperouse (who was with her on the flight and spoke heartrendingly to the court about her final moments in his arms) suffered from a range of acute food allergies, including to milk, eggs, bananas, avocados and sesame seeds. It was the sesame seeds hidden in a Pret a Manger artichoke, olive and tapenade baguette, purchased at one of the chain’s Heathrow airport outlets, that killed her.
It’s not surprising that Pret has come in for ferocious attack (big company v bereaved family). For me, its slogan that all its products are “lovingly” handmade is emetic in itself. Its other sales shtick is that, unlike those beastly supermarkets, Pret offers 100% “natural” food. But as the Advertising Standards Authority observed in censure a few months ago, it too uses chemicals in its bread (E472e, E471 and E300 if you must know). However, it does make up its sandwiches and other meals “fresh” on site. And under EU regulations, this means it is exempt from the legal requirement to label every product with allergen warnings.
It seems the Ednan-Laperouses were unaware of this: Natasha’s father told the court that as the baguette did not have a label declaring the presence of sesame seeds, “Natasha and I relied on food information and saw no need to ask Pret counter staff if any other information was needed.” But as the coroner pointed out, there are stickers in Pret’s display units that urge customers to consult staff or the company’s website if they have concerns about allergens in any individual product. Natasha and her father did not see these stickers.
While this case was being reported, I went to Pret’s website, and found its allergen guide. It states at the outset: “We really can’t guarantee any of our food or drink is allergen-free. Please take care.” Below that is a list of all its regular products with the allergens contained in each. At the very top (it’s in alphabetical order) is the artichoke, olive and tapenade baguette, marked as containing sesame.
As a result of what happened to Natasha, Pret will now include such information on the products themselves. But — and I realise this might seem callous — it surprised me that Natasha and her father even considered buying her baguette from a chain such as Pret, rather than make up her sandwich at home, given the profound extent of her allergies. In their deeply affecting article for last week’s Sunday Times, Tanya and Nadim Ednan-Laperouse wrote: “Pret markets itself as selling natural products you can trust, but it was a wolf in sheep’s clothing.” Yet “natural” is not the same as “safe” — and Natasha’s allergies were not to E numbers but to basic ingredients.
Worried that my reaction was unfeeling or unreasonable, I consulted both a food safety inspector and my doctor. To my slight surprise, the former said that Pret had not cut any corners and that in such circumstances “people must take some responsibility themselves”. And the only company my doctor criticised was BA. He said it was “appalling” that when Natasha’s heart had stopped beating (as the plane was coming in to land) the crew would not supply the plane’s defibrillator to the recently qualified doctor on board desperately trying to save the girl’s life. BA told the coroner that the requirement for each of the flight crew to man the doors (“in case of an emergency”) took precedence over the frantic calls of that doctor pounding Natasha’s chest.
The defibrillator might well not have helped. But no wonder Natasha’s mother burst into tears at the inquest when she heard BA’s representative explain why her daughter’s plight was not the highest priority: that, in effect, the possible emergency for passengers if something were to happen to one of the exit doors was more urgent than the real emergency of a dying 15-year-old.
Yet my wise old doctor (he’s nearing retirement) was also surprised the situation had even arisen. He said that, hard as it is for people who want to lead a normal family life, if you have a complex range of life-threatening food allergies “it’s crazy to eat out at all. You’ve no idea what might have got into what you are served and those serving it might not, either. You have to give yourself the best chance.”
But I don’t blame the coroner for not saying that to Natasha’s bereaved parents. There but for the grace of God. . .