Constructive Knowledge

Constructive Knowledge is another legal principle invoked in cases of foodborne illness. USA and UK law views an operator responsible not just for what he or she actually knows, but what they should have known, discovered or perceived. In other words, ignorance is no defense. If you should have known, the law will assume that you did know. For instance, if an employee lives in an area where hepatitis is endemic, the operator can be liable under constructive knowledge if the employee causes an outbreak of Hepatitis A. The operator should know the health risks posed by his/her employees at all times.

BUT THIS IS AFRICA AND ALL OUR EMPLOYEES COME FROM HIGH RISK ENVIRONMENTS! If this is your response to Constructive Knowledge think again. Shouldn't your best efforts be focused on the prevention of foodborne illness not on excusing it?

If someone becomes ill as a result of eating food you prepared, liability will always attach. If not financial liability then certainly moral and ethical liability. Fortunately in South Africa the law is still lenient when it comes to killing people with bad food. New stricter laws and enforcement will come in time (2010??) but existing financial judgements and settlements are few and far between. The food industry still has a wonderful opportunity to act before reactive legislation and enforcement becomes a reality (in response to major foodborne illness outbreak among tourists). Establish food safety operating practices as part of general good business practices.. Being diligent not only reduces the risk of a foodborne illness outbreak but can also mitigate the financial burden should one occur.