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…
Read moreFood poisoning compensation claims
If you have had food poisoning and feel a restaurant, hotel, cafe or other business was at fault, you could make a food poisoning compensation claim.
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Eating out is always exciting and fun. You can try out countless new dishes, and it saves you the time and energy required to cook your own meals. Going to a cafe, pub, restaurant, or any other establishment that sells food is a popular way of meeting friends, spending time with family or even having business meetings.
Sometimes, unfortunately, the experience can turn into a nightmare. Not all business owners follow the health and safety standards required by the Consumer Protection Act 1987 and other legislation.
When the food is poorly stored or prepared, and there’s no proper hygiene, you might get a very unpleasant case of food poisoning. According to the Food Standards Agency, there are around 2.4m food poisoning cases every year in the UK.
Eating food that is contaminated with harmful bacteria, viruses or parasites can cause minor to very severe symptoms and even death. If you get ill after eating out or buying food from a shop, you might be entitled to make a food poisoning claim.
If you feel you may have a valid claim for compensation, call 0800 470 0474 or request a call back to receive a free consultation with a legal adviser.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
To claim for food poisoning, you don’t necessarily need to prove that a business acted negligently, but rather that what they sold you was not safe to eat. Because the symptoms of food poisoning usually resolve within a few days, it is essential to act fast if you want to build a strong food poisoning compensation claim.
Even if you have up to three years to start a claim for food poisoning, contacting a solicitor as soon as possible can considerably increase your chances of success. They can help you gather relevant evidence and build a strong case.
Even if you didn’t seek medical assistance, you could still make a food poisoning claim if your solicitor can prove you were ill because of another person or business. Any complaints, reports, emails or other evidence that you were sick can be enough to make up a solid claim.
To find out if you have a valid food poisoning claim, enter your details into our online claim form or call 0800 470 0474 to speak to a legal adviser.
If you believe you were the victim of food poisoning because of someone else’s negligence, there are some steps you could take as soon as possible that may help if you want to claim food poisoning compensation:
A solicitor will also look into your case in detail, help gather evidence, and enquire if other customers might have been affected by food poisoning. They can help figure out who is responsible for your illness and try to secure maximum compensation for your injury and related financial losses.
If businesses follow proper hygiene and safety standards, you should never get food poisoning from store-bought items or eating out at restaurants, cafes or pubs. Unfortunately, failing to meet appropriate standards can cause customers to get sick. Frequent circumstances leading to food poisoning include:
The list is not exhaustive, and all of the above situations could be valid grounds for claiming food poisoning compensation. Your claim can help to highlight safety problems, leading to changes that will prevent other customers from getting sick.
Some foods are more likely to cause food poisoning and should be consumed with extra care by pregnant women, young children, older adults or people with a weak immune system:
Common germs that could cause food poisoning include:
Food poisoning is caused by eating contaminated food, in most cases by bacteria such as salmonella or Escherichia coli. Most often, it’s not a serious illness and should resolve within a few days, even without treatment.
Bacteria, viruses, parasites, or toxins can contaminate the food at any time during storage, handling and preparation. Following ingestion, this could cause one or more of the following symptoms:
You should see a doctor, especially if you experience severe symptoms like:
Most people would only experience mild symptoms, lasting several hours to several days. Severe food poisoning may lead to hospitalisation and could have long-term consequences like:
A food poisoning claim can be made against several parties, depending on the specific circumstances of your case. These may include:
The manufacturers and distributors of food products have a legal responsibility to ensure that their products are safe for consumption. They must comply with all food safety regulations and standards set by the government, and take immediate action to recall or withdraw any contaminated products from the market.
Additionally, they should inform the relevant authorities and customers about any potential contamination. Otherwise, they may be held liable for any injuries or illnesses caused by their contaminated products in a food poisoning claim.
Restaurants, takeaways, and other food establishments must follow the appropriate sanitation and safety protocols to safeguard the well-being of customers. That involves having measures in place to prevent situations that often result in foodborne illness, such as:
If a restaurant or another party breached their duty of care towards you by acting negligently, you might be able to secure food poisoning compensation by making a claim against them.
If you got food poisoning after eating at a location booked through a holiday company, you might be able to file a claim against the tour operator. According to the Package Travel Regulations, tour operators must conduct risk assessments on the hotels and restaurants they are reserving. They could be liable for compensation in case of an injury or illness.
It is essential to consult with a personal injury lawyer to determine who may be held liable for any damages resulting from food poisoning. If you have a valid claim, your solicitor will help you claim food poisoning compensation from the responsible party.
When you go on holiday abroad, you expect to have a fun and relaxed time. Becoming ill from food poisoning is not only unexpected but can also be very distressing.
If you booked your stay through a UK based tour operator who arranged your meals (e.g. you booked an all-inclusive or half-board hotel), making a hotel food poisoning claim is simpler. According to the Package Travel Regulations, tour operators must conduct risk assessments on the hotels and restaurants they are reserving.
If you get sick after eating in a restaurant picked by the holiday company, you have up to three years to make a food poisoning compensation claim against them. To support your claim, you should keep essential evidence like:
If your food poisoning was not related to a holiday package, you might still be able to claim against the relevant restaurant or business that acted negligently. Getting legal advice will be imperative since the laws and time limits for making a food poisoning claim abroad will differ from country to country.
To receive free legal advice and find out if you have a valid claim, enter your details into our online claim form or call 0800 470 0474 to speak to an experienced legal adviser.
Yes, a child can be entitled to compensation for food poisoning if they have suffered harm from consuming a contaminated product. The process for seeking compensation is similar to that for an adult and involves claiming against the liable party under civil law.
Under the Court of Protection Rules 2017, children under 18 are not considered to have the legal capacity to conduct proceedings, so they require a litigation friend to represent them in a food poisoning claim. Child injury claims can be managed by either of the following people:
To become a litigation friend, you must fill in and file a certificate of suitability with the court, supported by evidence that you can make fair and competent decisions about the case and that you have no conflict of interest with the claimant.
Becoming a litigation friend in a food poisoning claim involves several duties and responsibilities, such as:
The role of a litigation friend is a long-term commitment that ends when:
Apart from general damages for the pain and suffering endured by the child, your claim can also include special damages for any financial losses you can account for, including:
It should be noted that if you win food poisoning compensation for a child, you must go through an Infant Approval Hearing in court. A judge will investigate the available evidence to decide whether the child received a fair settlement for their pain and suffering.
Furthermore, you cannot access the compensation awarded to the child. Instead, the money will be transferred into a court bank account, where it will accrue interest until the child reaches 18 years old.
At that point, the child will receive the compensation award, including any accumulated interest. However, in some cases where the compensation amount is not significant, and all parties agree, the court may release it to the parents or legal guardian.
To learn more about how you could make a food poisoning claim on behalf of a child, call 0800 470 0474 or arrange a call back for a free consultation with a legal adviser.
The amount of compensation you could receive in a food poisoning compensation claim depends on the extent of your illness, the financial losses you incurred, and how it affected your life.
For a successful claim, you need to be able to prove you have been suffering from food poisoning, and the best way to do so is by seeking medical attention as soon as possible after developing symptoms. If you didn’t already seek medical advice, your solicitor would promptly arrange a medical assessment for you.
To negotiate your compensation, your solicitor will take into consideration all the aspects in which the food poisoning affected you. This could include:
Due to the unique nature of every food poisoning claim, it’s hard to say precisely how much compensation you could receive before your case is assessed. Solicitors and courts use the guidelines published by the Judicial College as a starting point when calculating compensation amounts. Based on these guidelines, you could receive the following:
To better understand your chance of claiming food poisoning compensation, call 0800 470 0474 or arrange a call back to receive a free consultation with a trained legal adviser.
Generally, you will have up to three years after getting sick to make a food poisoning compensation claim. The countdown will start from the day your symptoms developed or were diagnosed by a healthcare professional.
The three-year limitation date does not apply in certain situations. For example:
Given the nature of food poisoning, contacting a solicitor as early as possible after getting sick is essential. This will make it a lot easier to recall everything you ate in the past days and find the responsible party. If they accept liability, your claim could settle in as little as six months.
For a free consultation with a legal adviser, call 0800 470 0474 or arrange a call back. They can let you know if you may be eligible to make a claim and answer any questions you may have.
If you got sick from eating out at a pub, restaurant or cafe, making a food poisoning compensation claim might not be your first thought. You might be worried about the time and effort it requires, not to mention the costs of hiring a solicitor and paying the legal fees.
Without the certainty you’ll win the case, claiming compensation might seem financially risky. On the other hand, if your claim is successful, you could receive compensation for medical expenses, lost earnings, future treatments, and the pain and suffering you endured.
Fortunately, most personal injury claims can be made on a no win no fee* basis. After assessing your situation, a solicitor will decide whether you have a valid claim. If they consider you to have a fair chance to succeed, they will offer you a conditional fee agreement.
A conditional fee agreement is the technical term for no win no fee. This agreement makes it possible for you to start a food poisoning compensation claim without paying any upfront or hidden fees.
Furthermore, thanks to the After the Event (ATE) insurance, you won’t have to pay a single penny if your case fails. This also gives you the certainty your solicitor will do their best to represent you, seeing that the outcome of your claim also impacts them.
After reaching a no win no fee agreement, your solicitor can help gather evidence, contact witnesses, and handle all the legal paperwork. They will also give you relevant advice and might be able to secure interim payments to help with your recovery if required.
If you receive food poisoning compensation, your solicitor will take a success fee that will be agreed upon from the outset. This can be no more than 25% of the compensation amount.
To find out if you can make a food poisoning compensation claim on a no win no fee basis, call 0800 470 0474 or enter your details into the contact form below to receive a free consultation with a legal adviser.