to accept money back from caterer who gave all my guests food poisoning?

[Kitsilano]

At my DDs naming ceremony on Sunday we had a catered BBQ and cake and all but 4 of the guests have succumbed to salmonella (from the cake). Guests included grandparents, parents of v young babies and one pregnant woman. All those workng have had to take time off work. Caterer is horrified and apologetic and has offered our money back (initially suggested half...but that was before it was clear exactly what had happened) which I have accepted.

For some reason I feel guilty about this as I know it was an accident on her part but nor do I feel I should have to pay for what has turned into a nightmare and potentially could have had even more awful consequences.

Am I being silly?

Do you know the caterer?

While you may feel guilty and sympathetic now, you may feel differently a little down the road, as may some of your guests.

If you accept the refund then it may prevent you taking further action later and you may not yet have all the information.

I don't know her personally - though this was the 2nd event she has done for us. I just spoke to my husband (who is a lawyer) and he doesn't think that accepting a refund would preclude any further claim.

I just can't believe this has happened.

I don't see why accepting a refund would prevent you or your guests claiming compensation at a further date. She is not compensating you by giving the money back, she did not fulfill her contract which was to provide the catering for your event. Well, she provided food but not food that was fit to be eaten.

If the caterer claims that the money paid to you was compensation for the illness and not a refund of the cost of the catering, that may preclude any further claim. Well, you could claim but a court might deem that acceptance of the offer was acceptance of compensation and that you are not entitled to more.

It would not affect your guests' potential claims.