Two women left seriously injured after drinking contaminated margaritas at the Fraternity Club have a "strong claim" against the club, a Wollongong lawyer says.
The women were rushed to hospital on October 19 after drinking the cocktails that had been rimmed with contaminated salt.
They received injuries consistent with ingesting caustic soda.
Caustic soda dissolves cell membranes in the body and "literally eat a hole in the side of your esophagus", University of Wollongong's Dr Judy Morgan said.
One of the victims was Kara Lamond who is the wife of NSW Health Minister Ryan Park, the other victim was her friend.
Lawyer and partner at Turner Freeman Lawyers, Michelle Walsh, said "it's a strong claim, in my view, against the club for personal injury damages" under the Civil Liability Act.
The club is liable for this customer's injury because at the end of the day, there is some breakdown in their system.
- Lawyer Michelle Walsh
"If she brought that negligence claim, she could receive damages for her pains and suffering or in other words, non-economic loss. She could also receive damages for any economic loss or time that she'd needed off work, treatment expenses and other related expenses such as any care that she might have needed," she said.
Ms Walsh, who practices personal injury law, said it is the club, not its staff, who are liable for the incident.
"The club is liable for this customer's injury because at the end of the day, there is some breakdown in their system," she said.
"All their systems and processes need to be investigated, an analysis done of how that occurred and whoever is responsible for putting that substance in a spot that would enable a person making drinks and serving drinks to customers to mistake it for salt."
Ms Walsh said people should be able to expect a duty of care while at the club.
"My advice would be that if they have suffered an injury as a consequence of an event like that, that they would be entitled to bring a personal injury claim for damages," she said.
NSW Police has previously confirmed the incident was accidental.
"Following enquiries it appears to have been deemed accidental, with no criminal offences identified," the spokesperson said.
The Mercury contacted the Fraternity Club for comment but is yet to receive a response.
In a previous statement the club said "we deeply regret this occurred and have attempted to offer our support and assistance to the women".
The NSW Food Authority is continuing to investigate the incident.
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Nadine Morton
Breaking news journalist at the Illawarra Mercury. Email: nadine.morton@austcommunitymedia.com.au
Breaking news journalist at the Illawarra Mercury. Email: nadine.morton@austcommunitymedia.com.au
