To expect goodwill gesture from hotel after food poisoning on honeymoon?

[1Wanda1]

DW and I are currently on honeymoon. We chose to book a few days at a hotel at which the restaurant is highly regarded for its fish and seafood cooking. We both work hard and it’s rare for us to have time alone together to relax properly so we were really looking forward to our honeymoon.

Last night DW had oysters at dinner, in the hotel restaurant. She was then violently ill all night and we have been unable to leave the hotel room today as she’s still so ill. I reported the matter to the general manager this morning and spoke to her about it. She was sympathetic but offered no reparation for what has happened, saying simply that “everyone knows that eating fresh oysters is a risk. 40% of all oysters carry norovirus no matter where they come from and ours were fresh.” I did not know that oysters carry norovirus and the menu carried no warning that you have a 40% chance of consuming norovirus if you eat them. GM suggested that if we wanted to leave early, the hotel would not charge us for the unused nights, though recognised not practical to travel in DW’s current state.

DW and have lost a day (hopefully it will be only a day and not more) of our short honeymoon, which we can never get back. The hotel is expensive. AIBU to expect some sort of goodwill gesture for this?

Forced goodwill is not goodwill - and they have offered to let you leave without penalty. If you had any other sort of accident and left early, you'd still be liable for the bill. Sorry to sound harsh, but oysters have never passed my lips, (except for the first one when I didn't know all the issues and yuck it was horrible. :-)), for precisely the risks you describe. I think that the hotel has done all it reasonably should. The onus is on your wife to avoid oysters in future.

I didn't know it was norovirus, but I knew oysters had a good chance of making you sick. Michael winner became very ill indeed from eating oysters. Nearly died.

It's one of the reasons I won't consume them, I don't like the risk of getting one that will make you ill.

I agree with the hotel, this one ain't their fault. It's not remotely like getting food poisoning from ill managed food.

Given that neither of us slept after 2am last night, and the GM agreed that the oysters were almost certainly the cause, I would expect the cost of last night here refunded.

But the hotel still isn't at fault. It is terribly unfortunate, but if you had been taken ill otherwise, you wouldn't expect them to refund the cost of your stay.

I am sorry that your honeymoon is being affected, but it was seemingly not the fault of the hotel (on the basis of the information we have).

YABU for not already knowing you can norovirus from someone who is carrying it.

How else do you think it spreads?

I'm sorry that your DW is ill and of course your situation is genuine, but it's been widely covered lately that British tourists have been making phenomenal numbers of fraudulent claims for food poisoning suffered on holiday, egged on by the claims companies who needed another market now that whiplash claims have been cracked down upon and the golden goose of PPI is shortly to expire.

I know that your situation is genuine but the hotel management have probably been given very strict instructions not to make any admissions of liability at all in cases of food poisoning. An apology or a goodwill gesture could both be construed as an admission of liability by someone unscrupulous.

Norovirus is not food poisoning though. Oysters are risky and even the best restaurants have the odd dodgy one (Michael Winner suffered at Sandy Lane iirc). I'm not sure it is reasonable to blame them. Maybe you could claim on your insurance if she sees a doctor.

If 40% of all oysters carry a virus (which seems unlikely anyway) that means 4 in 10 of all oysters in the world. It does not mean that if you eat 10 that exactly 4 of them will always carry a virus But it does mean that there is a 0.4 chance of any given oyster carrying the virus, and, as onlyjustme has calculated, an 0.95 chance of at least one in a sample of 6 carrying it.

So as others are suggesting, since we don't have people going down sick pretty well every time they eat oysters, the 40% figure is probably wrong - either it's a lot lower than that, or most of the 40% is at concentrations that are unlikely to harm.

On the other hand, if the hotel were indeed claiming to be serving oysters 40% of which contained norovirus at levels sufficient to cause illness, I suspect Trading Standards would be quite interested.

I absolutely adore oysters but the last three times I have eaten them I have been sick all night. I steer clear now because something in them obviously doesn't agree with me. It's sad but not the restaurant's fault. It's just a risk you take eating live shellfish.

I didn't know there was an increased risk with alcohol - each time I've been ill I have also had a drink.

But the hotel still isn't at fault. It is terribly unfortunate, but if you had been taken ill otherwise, you wouldn't expect them to refund the cost of your stay
the hotel served them the oysters. It's likely they are at fault.

Dear god! We've reached the point where everyone wants cash in their hands for doing stuff which they've been told is risky. It's not their fault you chose to eat shellfish and got sick. They offered to let you off without penalty, now you want them to hand you money back and let you stay free. Sure. Book a Premier Inn, get a taxi. Stay there if you cannot afford another night in an expensive hotel.

'the hotel served them the oysters. It's likely they are at fault.'

Good luck proving that.

What kind of goodwill gesture are you expecting?

If it is norovirus, which it seems it is as you are now suffering, and not food poisoning the blame for it cannot be laid at the door of the Hotel. Yes, they could refund you your entire stay but why should they when the reasons for your illness are not the fault of the Hotel.

Their staff and other guests are at risk too if it is norovirus and they will have to deal with the aftermath in terms of cleaning to avoid it being passed on to future guests and their own staff.

if it's any help, you've come out of this better than the oyster did

the hotel served them the oysters. It's likely they are at fault

Why though? The oysters were live.

Ah! The silver lining blueyacht

@1Wanda1 I suspect if your now also sick it wasn't the oysters she was eating

If a company was to give a warning about every risk with part of their food, the menus would be novella

Did no one hear of the story of the lady who died from a flesh eating bug after eating oysters 🤢
www.independent.co.uk/news/world/americas/woman-raw-oysters-eat-bacteria-flesh-eating-reports-jeanette-leblanc-louisiana-texas-a8149851.html

the hotel served them the oysters. It's likely they are at fault

No it's not. Not with oysters. Some oysters carry a bacteria or virus that can make humans ill. There is no way to detect which one. You eat them at your own risk. If you don't know the risk, that's your own fault, it's not the restaurants job to educate you. I'm genuinely surprised the op and his wife didn't know. It's one of the most commonly known facts.

Getting ill from eating an oyster, as previously said is nothing like getting food poisoning, nothing at all. The restaurant has done nothing wrong to cause the oyster to carry the bacteria that made her ill.

“everyone knows that eating fresh oysters is a risk.”

If this is the case as they claim, then surely they should have a warning on their menu?

The link between oysters and illness is yet to be proven. You would need to provide a stool sample plus some oysters from the same batch. And then have it tested. Until then you might just have a bug. That would not be the hotel's fault, whether high end (stealth boast anyone?) or a fleapit.

The Hotel won't admit liability (their insurers won't let them), but I would expect a gesture at least. A hotel/restaurant should take responsibility. They choose their supplier, they store them and they prepare the Oysters. There really is no excuse.

I'd be writing my one star review for Trip Adviser already. You should also report this to the local council's environmental health department, if you're in the UK. Even some up market establishments have problems.

BTW, I've eaten Oysters many, many times. Mostly raw, too. only once did I catch a norovirus from eating them. That was 30 years ago.

I also think with oysters it's the risk you take.

Any uncooked food can carry a greater risk of illness, people have died from eating beansprouts before now.

If the hotel offered you a "goodwill gesture" would that mean they were accepting responsibility?

I thought they purified oysters with uv but have just read that this doesn’t stop virus being present ewwww. I didn’t know there was such a risk (but I can’t see why anyone would want to eat a disgusting salty glob anyway). Sorry op you’ve had such bad luck, I don't think it’s the hotels fault as there is literally nothing you can do to prevent noro being present in an oyster. I’d be worried if I was the proprietor about it spreading through the hotel though!