Nothing can quite ruin a holiday like a stomach bug and food poisoning, especially when someone else is to blame. We outline your legal rights in such circumstances and the options you may have to claim compensation.
Our holiday sickness claims legal team has extensive experience in this field. Read on to find out more or contact us for a free consultation to discuss your specific case.
What Are My Legal Rights.
The basis of any food poisoning claim is that the claimants has to be able to prove that the contaminated food that they have eaten was the cause of the illness.
In the UK, there are a number of laws that provide legal protection should you get food poisoning.
The Consumer Protection Act 1987 relates to suppliers and retailers. If certain standards such as the safety of the product does not reach the standards we’d generally expect, the supplier might be liable for a claim. In this instance, the safety of the product relates to what illness it may cause if eaten.
Additionally, The Food Safety Act 1990 focuses on food poisoning from a restaurant or cafe. Enforced by Environmental Health Officers working for local authorities, evidence is gathered in efforts to prove that the food poisoning was caused by the restaurant or café, with the need to show a direct link between the food and the illness.
Considering that during a typical day we may prepare and eat food at home as well as purchase and eat food from numerous establishments, coupled with the fact that some food poisoning symptoms can take days to appear, it is more often than not, very difficult to prove who or what might be to blame for a case of food poisoning.
Food Poisoning Abroad
While abroad, you may be legally protected by The Package Travel Regulations 1992.
Once again, if you have prepared food yourself, such as in instances where you’re on a self-catering holiday, or if you have eaten in a number of different restaurants or bars, it may be difficult to identify the source of the infection that has led to your food poisoning.
Food Poisoning During All-inclusive Package Holidays.
For those who have been on a full board package holiday or stayed at an all-inclusive resort, and when all meals and food eaten has been prepared, provided and served by your holiday company, there is an increased chance that the cause of the food poisoning can be identified.
However, even in these instances, the person who has fallen ill with food poisoning has to be able to prove that the contaminated food that they ate in the resort or hotel was the cause of the illness.
How Much Could I Claim For Food Poisoning On Holiday?
How much you may be able to claim would be dependent on your specific circumstances.
For instances when you may have a right to claim, your solicitor may be able to recover compensation based on the following.
- The length and severity of your illness.
- Any future complications that the illness may have on your daily life.
- The costs of your hotel for the days you that may have been affected by food poisoning.
- Any extra, out of pocket costs you may have paid that directly relate to your illness such as the cost of medication while abroad.
- Any earnings you have may have lost as a result of your food poisoning.
A free no-obligation consultation with our solicitors would be the quickest way to understand your legal rights if you may have fallen ill abroad with food poisoning. We’ll be able to let you know if you have a legal right to claim.
Average Claim Amounts For Food Poisoning
|Severity of illnes||Average amount|
|Mild food poisoning||£700 – £3,000|
|Moderate food poisoning||£3,000 – £7,000|
|Severe food poisoning||£7,000 – £40,000|
What Is Food Poisoning?
Food poisoning occurs when the stomach is damaged by harmful bacteria or virus. The bacteria can either directly cause the illness or produce harmful toxins within the body that will lead to illness.
Depending on what you may have eaten, symptoms can start to show themselves almost immediately or can take several days. Likewise, illness could last a short time or develop into a number of days or in very severe cases, weeks.
The most common causes of food poisoning are when food is contaminated due to it not being prepared and served correctly. Such instances include
- Food has not been cooked thoroughly.
- Food has been served lukewarm, or has been reheated.
- Food has been prepared on unclean surfaces.
- Food that has been contaminated by flies or insects.
- Food such as salads and fruit that has been “washed” in unsafe tap water.
- Ice served in drinks made from unsafe tap water.
Most Common Symptoms Of Food Poisoning Include;
- Sickness and vomiting
- Stomach cramps
- High temperature or fever
The Most Common illnesses Include;
- E. coli
What To Do If You Think You’ve Got Food Poisoning Abroad.
If you’re struck down with food poisoning while abroad, there are a number of steps you should take.
- Contact your holiday company rep for help. They should be able to provide medical assistance.
- Take copies and notes of all medical advice, prescriptions you may be given to treat your illness.
- Document what you have eaten in the days leading up to the illness.
- If possible, take a sample of the food you think may have caused your illness.
- Keep notes and receipts of all additional expenses you have incurred due to your illness.
- Take contact details of any other holidaymakers in your resort who may have become ill at the same time of you.
- Take video footage where relevant, such as displays of poor food preparation, serving or poor hygiene practices.
Claim Compensation For Food Poisoning Abroad With Bott and Co.
Our experienced holiday sickness department has successfully recovered compensation for our client from all of the major package holiday tour operators such as Tui/Thomson Thomas Cook, First Choice, Airtours, Jet2 and Co-operative Travel.
We represent our clients on a no win no fee basis, meaning you won’t pay a penny if your claim is not successful.
The best place to start is a quick call to our experienced legal team who will let you know if you have a legal right to claim and the time scale the claim process might take.
This initial consultation is free, and there is no obligation to claim with us. You can either call us straight away or use our contact forms to request a specific time for us to call you.
In the majority of cases for those who do have a legal right to compensation, the following circumstances have taken place.
- The claimant was on a package or all-inclusive holiday with a UK tour provider within the last 3 years.
- The claimant fell ill while on holiday and the illness lasted for at least 3 days.
- The claimant’s illness was of such severity that it impacted on the level of enjoyment of their holiday.
- Additional information such as correspondence with travel reps while on holiday, photos, medication administered or proof of others within the hotel suffering with the same illness at the same time may have been provided.
Speak with our legal team to today for more information.