Holiday Food Poisoning Claims

Suffering food poisoning on holiday can be extremely distressing, and it is a common reason for compensation claims among holidaymakers. Whether you have suffered a short-term illness that impacted the enjoyability of your holiday or long-lasting damage, you may be able to make a holiday food poisoning claim.

We understand how upsetting it can be to fall ill on holiday. If the illness was due to the negligence of a hotel, restaurant or other service provider, you can feel particularly vulnerable. Your solicitor will work to prove the liability of the defendant whilst demonstrating the severity of your illness and losses to secure the compensation rightly owed to you.

To find out if you can claim compensation for food poisoning on holiday, call 0800 470 0474 or request a call back to speak to a personal injury solicitor. They will be able to let you know if your case has merit and answer any questions you may have.

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Table of Contents

• What are the symptoms of food poisoning?
• Can I make a holiday food poisoning claim?
• What causes sickness such as gastroenteritis on holiday?
• What legislation protects me following holiday food poisoning?
• What evidence should I try to secure to make a claim?
• Who may be liable to pay compensation for food poisoning?
  • The food service provider
  • Your tour operator
  • Food suppliers
  • Catering companies
• How much compensation can I claim for food poisoning?
• Can I claim for food poisoning on holiday on behalf of my child?
• Is there a time limit to start a claim following holiday food poisoning?
• Can I make a No Win No Fee holiday food poisoning claim?

What are the symptoms of food poisoning?

Food poisoning can present itself with a host of unpleasant, painful and debilitating symptoms and, at worst, can be fatal. The injury solicitors we work with have helped to process numerous holiday food poisoning claims, and the most common symptoms that claimants have suffered include:

• Stomach pain and cramps
• Nausea and vomiting
• Diarrhoea
• Dehydration
• Ongoing food intolerance
• Sweating, joint pain, dizziness and fatigue
• High temperatures
• Exhaustion
• Loss of appetite
• Headache and muscle aches
• Fever

These symptoms can last for varying amounts of time, depending upon the severity of your case. At best, they will have a minor impact on the enjoyability of your holiday. In some cases, however, food poisoning may also cause more severe symptoms such as bloody stools, dehydration, extreme pain or neurological symptoms. It is essential to seek prompt medical attention if you experience severe or persistent symptoms of food poisoning.

Some people may need hospitalisation and suffer long-term health problems, such as:

• Irritable bowel syndrome (IBS) with ongoing digestive symptoms such as abdominal pain, bloating, and changes in bowel habits
• Reactive arthritis, characterised by joint pain, stiffness and inflammation
• Kidney damage or failure, particularly in young children and the elderly
• Chronic fatigue and weakness, which can impact your daily life and well-being
• Nervous system disorders, with symptoms such as muscle weakness, paralysis, and even life-threatening complications

Experienced solicitors are skilled in recovering the losses and compensation you are owed. This can go some way to restoring balance for your suffering, expenses and any long-term health or emotional impact caused by your food poisoning on holiday.

Can I make a holiday food poisoning claim?

Anyone providing food to the public, including hotels, restaurants and cruise ships, must guarantee that proper health and safety procedures around food hygiene are followed. These include:

• Conduct regular inspections and risk assessments to identify potential hazards that could lead to foodborne illnesses;
• Provide appropriate training to staff members on food hygiene practices, including proper handling, cooking, and serving techniques;
• Maintain clean and sanitary facilities, implement proper food storage and temperature control measures, and use safe ingredients;
• Keep records of food safety practices, including temperature logs, cleaning schedules, and supplier information;
• Report and record all incidents of food poisoning;
• In the event of a food poisoning outbreak, promptly investigate the matter, take corrective actions, and implement measures to prevent similar future incidents;

When a food provider fails to meet these standards, and you fall ill as a result, you may be entitled to claim compensation. Before taking on your case, your solicitor will verify whether:

• A third party owed you a duty of care
• They breached their duty by acting negligently
• You suffered food poisoning on holiday as a direct result of that negligence

Most holiday food poisoning claims are related to one of the following germs:

• Salmonella, found in meat, poultry, and eggs;
• Norovirus, found in leafy greens, fresh fruits, and shellfish;
• Escherichia coli (E. coli), found in meat, unpasteurised milk and juices, and raw vegetables, can lead to life-threatening complications;
• Clostridium botulinum, found in improperly canned or fermented foods, can cause a rare and potentially fatal form of food poisoning known as botulism;
• Campylobacter, primarily found in undercooked poultry, unpasteurised milk, and contaminated water;
• Staphylococcus aureus, typically present on the skin or in the nasal passages of humans, can contaminate food when a person carrying the bacteria handles it, leading to food poisoning.

If you want to find out whether you have a valid claim for compensation, call 0800 470 0474 for a free consultation with a legal adviser.

What causes sickness such as gastroenteritis on holiday?

Food poisoning can occur during holidays for various reasons, and it is common for travellers to feel unsure about the safety of the food they eat abroad. The primary cause of most cases of holiday food poisoning is the contamination of food with bacteria, parasites, viruses, or chemicals.

Some ways in which food poisoning on holiday may occur include:

• Not cooking food sufficiently
• Not observing room temperatures or the temperatures of storage appliances
• Not cooking the food for the right amount of time to kill harmful germs
• Not storing ingredients or preparing dishes safely
• Poor hygiene practices and insufficient cleanliness in kitchens
• Improper handwashing and inadequate cleaning of utensils
• An ill person has coughed, sneezed or breathed on the food
• The use of ingredients past their expiration date
• Keeping cooked food warm for too long

Some foods have a higher risk of causing food poisoning compared to others. These include:

• Raw or undercooked meat
• Poultry
• Raw or undercooked eggs
• Shellfish and raw fish
• Unpasteurised milk
• Ready-to-eat foods like sliced meats, pâtés, and soft cheeses

Personal injury lawyers are skilled at helping you prove the defendant’s liability in your holiday food poisoning claim. We encourage you to be vigilant whilst on holiday and secure witness statements and other evidence should you suffer from any food poisoning. Your solicitor will help build the strongest case possible to secure the highest compensation award they can on your behalf.

What legislation protects me following holiday food poisoning?

The UK government helps to protect holidaymakers through the Package Travel and Linked Travel Arrangements Regulations 2018. These regulations protect consumers who book package holidays. They impose legal obligations on tour operators and travel agents to ensure that the holiday arrangements, including accommodation and food services, meet the required safety and quality standards.

This legislation makes it easier for travellers to claim compensation if they booked their trip as a package holiday. Rather than suffering the complexities and time concerns of pursuing a claim through international courts, the regulations allow travellers to claim against the travel agents that the holiday was booked through.

Even if you booked your holiday independently, a solicitor may still be able to support you in making a compensation claim. Contact an injury lawyer to discuss the particular details of your case, and they will help guide you through the best and most effective way to make a food poisoning claim.

What evidence should I try to secure to make a claim?

You can support your solicitor in proving liability and achieving the highest compensation payout by gathering evidence showing how you became ill on holiday. Some of the most supportive proof of your suffering and defendant liability include:

• Video or photographic evidence of the food, kitchen, display and preparation areas
• Contact details for anyone else who has suffered food poisoning at the resort whilst you were on holiday
• A food diary which demonstrates the food provided to you and any concerns you had with the look, smell or taste
• If possible, a sample of the food that was given to you
• Information about the hotel, resort or restaurant’s health and safety policy
• Witness statements from others who can confirm the substandard hygienic conditions at the place you consumed the unsafe food
• Records that were kept by the hotel or holiday company following your report
• Copies of any medical records, treatment or medicine receipts
• A record or diary of the impact of the illness on you and your family
• Details of any financial losses, such as money wasted on activities you could not attend, prescriptions or lost wages during recovery

Your solicitor will aim to source as much evidence as possible and will confirm how you can work together to achieve the maximum compensation awards possible.

Who may be liable to pay compensation for food poisoning?

A claim for gastroenteritis on holiday can be made against various parties depending on the circumstances and the specific cause of the food poisoning, including:

The food service provider

This includes restaurants, hotels, resorts, cafes, and any establishment that has served you contaminated food. They have a duty of care to ensure the food they serve is safe and meets appropriate hygiene standards. If they have breached their duty of care towards you, you might be eligible for compensation.

Your tour operator

The Package Travel Regulations require tour operators to assess the risks associated with the hotels and restaurants they book. If the food poisoning occurred during a package holiday, the tour operator may be held liable if they were responsible for the food services at the accommodation.

Food suppliers

Food manufacturers and distributors have a legal duty to ensure the safety of their products. They must adhere to government regulations and standards for food safety and take prompt action to remove any contaminated products from circulation. If the contamination originated from a specific ingredient or food product, a claim could be made against the supplier or manufacturer of that product.

Catering companies

Catering companies are responsible for ensuring that the food they prepare and serve is free from contaminants and meets proper food safety standards. If the food poisoning occurred at an event or function where a catering company was responsible for preparing and serving the food, they may be liable for compensation.

Based on your circumstances, your solicitor will be able to determine the defendant in your holiday food poisoning claim. For a free case assessment, call 0800 470 0474 today or enter your details in our online claim form to receive a call back.

How much compensation can I claim for food poisoning?

The food poisoning compensation paid to you will depend on the severity of your symptoms and the duration of your illness. To secure the highest possible awards, your solicitors will gather as much medical evidence as possible, alongside witness statements and records held by your holiday company, to allow them to demonstrate liability and the extent of your suffering.

You will receive a free initial consultation during which your solicitor will assess the individual circumstances of your case and answer any questions you might have. After they have analysed the details of your situation, they will provide you with an experienced assessment of the validity of your claim, along with an estimate of the likely amount of compensation you could be awarded.

There are two types of damages included in a holiday food poisoning or sickness claim:

1) Special damages refer to the financial losses and expenses you have incurred as a result of gastroenteritis on holiday, which can include:

• Medication and prescription costs
• The cost of private treatments
• The cost of your holiday, if your enjoyment was affected
• Past and future lost wages and income due to missed work
• The cost of rearranging your flight home
• Costs of care and assistance
• Travel costs to medical appointments
• Any additional expenses directly related to your illness

2) General damages are awarded to compensate for the non-financial aspects of your suffering and the impact on your quality of life. This includes physical pain, emotional distress, loss of enjoyment, and any long-term or permanent effects on your health.

While special damages are calculated based on evidence such as receipts and invoices, general damages are based on historical cases and the guidelines published by the Judicial College. According to these, you could be awarded the following holiday food poisoning compensation for your pain and suffering:

• £910 to £3,950 for disabling pain that does not last longer than several weeks
• £3,950 to £9,540 for disabling pain and significant discomfort
• £9,540 to £19,200 for short-lived but very severe food poisoning
• £36,060 to £49,270 for very severe gastroenteritis with hospital admission and significant impact on your ability to work
• and enjoyment of life

Can I claim for food poisoning on holiday on behalf of my child?

If your child has suffered from gastroenteritis on holiday, it is possible to start a claim on their behalf. Under the Court of Protection Rules 2017, children are not considered to possess well-developed judgements to allow them to conduct legal proceedings and need a suitable adult to represent them in a legal case.

As a parent or legal guardian, a solicitor can help you apply to the court to become their litigation friend. That involves filling in and filing some documents, including a certificate of suitability and a certificate of service. Before appointing you, the court will verify that:

• You can conduct legal proceedings in a fair and competent way
• Your interests do not conflict with the child’s
• You accept to pay any fees requested by the court during the claims process

To make a holiday sickness claim on behalf of your child, you will need to follow a similar process as if you were claiming for yourself. This typically involves:

• Attend court hearings
• Keep updated on the proceedings
• Make decisions about the case
• Gather evidence to support the claim
• Consider settlement offers from the defendant
• Instruct your solicitors and take legal advice
• Sign legal documents

If your child suffered from food poisoning on holiday, you can start a claim anytime before their 18th birthday, regardless of when the incident occurred. Your role as litigation friend ends when they become a legal adult or the claim concludes. If you manage to secure compensation for a child, you must go to an Infant Approval Hearing in court. A judge will consider the available evidence and decide whether the settlement awarded is fair and covers all the child’s needs.

Is there a time limit to start a claim following holiday food poisoning?

It is essential for individuals who have suffered food poisoning on holiday to initiate a compensation claim as soon as possible to meet stringent time limits. In the UK, claims related to package holidays must be started within three years of the incident to be legally recognised and eligible.

If you must claim directly against a hotel or restaurant aboard, the time limits can be much shorter than this, depending on the country you travelled to. For example, the time limit to claim in Spain is only one year following an accident or incident. If the claim limitation date has lapsed, you will no longer be eligible to progress with your case.

Based on your circumstances, there may be several exceptions to the three-year time limit:

• Claims on behalf of children can be made at any time before their 18th birthday. Once the child turns 18 and can manage their case, they will have another three years to claim personal injury compensation.
• If the claimant is an adult who cannot conduct legal proceedings, there is no time limit for a litigation friend to represent them in a claim.
• If you have suffered food poisoning on a cruise ship, the general rule is that the limitation period to start a claim is two years.
• If a loved one has unfortunately passed away from a serious illness, you may be eligible to make a compensation claim within three years from the date of their death. Alternatively, the time limit may start from the date when the cause of death was officially confirmed through a post-mortem examination.

Regardless of what limitation date might apply to your case, it is better to seek legal advice sooner rather than later. That will help your solicitor gather evidence to build a strong case and ensure you remember any crucial details about the incident.

Can I make a No Win No Fee holiday food poisoning claim?

Yes, the solicitors we work with offer a no win no fee service* if you have a valid claim for food poisoning on holiday. Under this agreement, your solicitor will handle your case without charging any upfront fees. You only pay them a success fee if you win the claim and receive compensation for your losses. Otherwise, you will not be responsible for paying them a single penny.

After the Event (ATE) insurance is another essential part of no win no fee claims. This is a type of legal expenses insurance that is taken out after a specific event that may lead to a compensation claim, such as a car accident or food poisoning. The ATE insurance will protect you against the financial risks involved in pursuing a legal case and covers various expenses and disbursements, including:

• Court and counsel fees
• The defendant’s expenses, including their solicitors
• Expert witness fees
• Travel expenses associated with the claim
• Copying and printing costs
• Medical reports
• Barrister fees if your case goes to court

Under a no win no fee agreement, you only have to pay anything if your claim is successful. In this case, a few costs will be deducted from your compensation award:

• A success fee of a maximum of 25% of your compensation goes to your solicitor for the risk they took by offering you a conditional fee agreement
• The cost of the ATE insurance premium, which you do not have to cover if your case fails

If you want to find out whether you are eligible for a no win no fee service, call 0800 470 0474 today. Or enter your details into our online claim form to request a call back. An experienced legal adviser will offer you a free case assessment and will be able to answer any questions you may have.

Last edited on 7th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.