Eating out is a treat and the last thing anyone wants is for their special meal to be ruined by the food. However, if a restaurant has generally poor standards of kitchen hygiene, you could suffer serious food poisoning whatever you eat. This guide examines how to make a food poisoning claim should this happen to you.
We’re going to explain food poisoning and look at the fundamentals of a personal injury compensation claim. We start by looking at who can make a food poisoning compensation claim. Then we offer examples that might cause someone a food-related illness.
We also explain what evidence will support a claim and what time limits apply for launching one. After exploring the damages that can apply if your food poisoning claim is a success, we outline how an expert solicitor could help you get the maximum owed to you.
At Legal Helpline we provide a no-obligation live chat or telephone consultation. If your claim has strong grounds, the advisors could connect you to one of the specialist No Win No Fee solicitors from our panel. Find out if you can make a food poisoning claim without the stress of doing it alone:
- Contact our advisory team on 0333 000 0729
- Launch a claim on line.
- Use the live chat option below.
Choose A Section Of Our Guide
- What Is Food Poisoning?
- Can I Make A Food Poisoning Claim?
- How Do I Prove I Had Food Poisoning?
- What Is The Time Limit For A Food Poisoning Claim?
- How Much Compensation For Food Poisoning?
- Can I Make A Claim If I Got Food Poisoning While On Holiday?
- Make A Food Poisoning Claim On A No Win No Fee Basis
- More Useful Resources About Personal Injury Claims
What Is Food Poisoning?
According to an NHS resource, food poisoning is not usually serious and a recovery can be expected within a week. Typically, symptoms include:
- Nausea (feeling sick).
- Loss of appetite.
- Diarrhoea and being sick (vomiting).
- Cramps in the stomach.
- An increased temperature of 38C or more.
- General unwellness such as chills, aches and fatigue.
Food poisoning symptoms usually begin within a few hours of eating that contaminated item. Certain bacterial food poisoning symptoms might begin at a later period.
In some cases, food poisoning can be very serious and prompt significant illnesses that can require emergency hospitalisation. Call or message in the live chat if you wish to discuss your potential food poisoning claim now.
Can I Make A Food Poisoning Claim?
The Food Safety Act 1990 (FSA), states that anyone providing food for human consumption needs to ensure the food is not dangerous to health and that it complies with food safety requirements. The FSA also requires vendors of food to accurately describe ingredients and ensure those ingredients (and the food itself) fully comply with safety standards.
In addition to this, vendors also need to comply with the Food Information Regulations 2014, by clearly stating all ingredients on food packaging labels in a way that is clearly discernible to any potential purchaser.
With this in mind, if you suffer from food poisoning after eating at a restaurant, pub or other food vendor, you could claim food poisoning compensation if you can show the following:
- The food vendor owed you a duty of care to provide foodstuffs that are safe for human consumption.
- The vendor failed to comply with their obligations under the FSA, and thereby breached their duty of care.
- As a result of this, you experienced food poisoning.
If the food outlet fails to comply with these laws and a customer becomes ill, they could be found to be in breach of their duty of care and liable to a food poisoning compensation claim. Some examples are as follows:
- The owners of a thai restaurant fail to maintain good standards of hygiene in the kitchen and this causes a customer to contract a bacterial stomach bug.
- The countertops of a fast food restaurant are not regularly cleaned, and a patron contracts food poisoning after eating a burger due to cross-contamination.
- Harmful bacteria at an Italian restaurant causes severe food poisoning when chilled food items were left at room temperature for too long.
- Poorly trained staff in a burger van undercooked meat and served it to customers, resulting in widespread poisoning after eating the food.
You can call our advisory team if you’d like any guidance and free information about your particular case. Alternatively, ask about making a food poisoning claim in our live chat.
How Do I Prove I Had Food Poisoning?
Evidence is an important part of your food poisoning compensation claim. The proof you collect needs to show that the food outlet or vendor was at fault and that, because of this, you experienced harm. Some examples of valid evidence include:
- Any medical records of hospital treatment needed or blood test results. GP notes are also a useful way to illustrate the harm you suffered.
- Copies of any written or emailed concerns you raised regarding the food quality. This may be a direct complaint to the restaurant owners, food vendor or any hygiene complaint you made to the local authority.
- Receipts and bills from the restaurant.
- Any packaging the food came in.
- Photos or mobile phone footage of the environment or practices you feel caused you the illness.
A personal injury solicitor from our panel of experts has direct hands-on experience helping clients gather supporting evidence. To find out if you’re eligible to claim, speak to one of our advisors today. If they find your case is solid, you could be connected with a specialist solicitor to launch a food poisoning claim today.
What Is The Time Limit For A Food Poisoning Claim?
There is a time limit for claiming food poisoning compensation of three years as detailed in the Limitation Act 1980. Certain variations may apply. For instance:
- Children and those under 18 cannot start a claim on their own. Any person who suffers food poisoning as a minor has three years to commence a claim from the day they become 18.
- A freeze applies to the time limit for persons lacking the mental capacity to initiate an independent food poisoning claim. This freeze can last indefinitely unless the harmed party regains this capacity. In this case, they’ll have three years from the date capacity was deemed recovered to launch a food poisoning compensation claim.
- In both these cases, when the claimant is unable to claim for themselves either due to being a minor or without the required capacity a responsible person can apply to the courts to act on their behalf. This role is called a litigation friend.
Please connect with our advisory team to find out more about the time limits and exceptions in personal injury claims.
How Much Compensation For Food Poisoning?
Compensation for food poisoning can be awarded under two heads of loss. These are:
- General Damages – This is compensation for the physical harm caused by the food poisoning, as well as any psychological suffering.
- Special Damages – This reimburses any associated financial losses and expenses that were caused by the food poisoning.
To determine a potential compensation amount, the groups involved in the calculation process can look at the medical evidence you have provided. Alongside this, they may consult the Judicial College Guidelines (JCG).
The JCG publication provides guideline compensation figures for a wide cross-section of common injuries listed in varying degrees of severity. To illustrate, we have used the entries most applicable to food poisoning:
Compensation Table
The first entry is not a JCG figure, and the figures shown are purely for guidance purposes only as every food poisoning claim differs.
| Nature of Injury | Severity | Guideline Amounts | Notes |
|---|---|---|---|
| Multiple and severe injuriries as well as significant financial damages. | Very Serious | Up to £150,000 plus. | Cases here would include a very serious food poisoning incident and awards for lost earnings, care costs and medical expenses. |
| Kidney | (b) Significant | Up to £78,080 | Cases where there is an increased and significant risk of future urinary tract infections (UTI) |
| Digestive System | (b) Non-traumatic injury(i) | £46,900 up to £64,070 | Acute toxicosis that causes pain, diarrhoea, sickness and fever. |
| (b) Non-traumatic injury (ii) | £11,640 up to £23,430 | Instances of short-lived but nonetheless serious food poisoning that diminishes over several weeks and leaves residual discomfort. | |
| (b) Non-traumatic injury (iii) | £4,820 up to £11,640 | Poisoning or allergic reaction from food that causes cramps, fatigue and alters bowel function. | |
| (b) Non-traumatic injury (iv) | £1,110 up to £4,820 | Varying levels of disabling cramps, diarrhoea and pain that might continue for some days or weeks. | |
| Spleen | (a) Loss of Spleen | £25,380 up to £32,090 | Total spleen loss as well as increased risk of infection from damage to immune system. |
| (b) Minimal | £5,310 up to £10,550 | Cases where there is no or minimal indicators of spleen damage. |
Can I Claim For Loss Of Earnings Caused By Food Poisoning?
Potentially, the answer is yes. Under special damages, you could receive compensation for financial losses or expenses created by the food poisoning. You need to put forward proof of these amounts but some examples of reimbursable losses include:
- Proof showing a loss or drop in earnings caused by absence from work.
- Receipts for care costs.
- Tickets and proof of travel expenses.
- Any medical bills for specialist or private care.
- Over-the-counter medications.
It’s important to retain any documents you think supports your claim for financial loss. Also, why not call our advisors to see what your food poisoning claim is worth and whether a solicitor from our panel could help?
Can I Make A Claim If I Got Food Poisoning While On Holiday?
Laws regarding food safety differ in other countries, but if you suffered food poisoning on a package holiday, you may have a valid claim against the holiday provider. You might also have grounds against a hotel chain or private operator of a resort. For precise guidance, speak to our advisors about food poisoning compensation claims for illnesses that developed while on holiday via the contact options above.
Make A Food Poisoning Claim On A No Win No Fee Basis
Legal representation could make a real difference to your food poisoning compensation claim. The expert solicitors on our panel help clients construct their best claim through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). The person claiming can enjoy the following benefits:
- No solicitor’s fees to pay when work starts on your case.
- No fees for work on your claim will be owed during the claims process itself.
- Finally, no fees to pay the solicitors for completed services if the claim fails.
- However, if you win the case, a pre-agreed percentage of the compensation needs to be paid to your solicitor as their success fee. Legally capped by the Conditional Fee Agreements Order 2013, the majority of the award always goes to the claimant.
This guide contains a good deal of information. If you would prefer to discuss your food poisoning claim in person, see if you’re eligible, or just ask general questions, please connect with our advisors. You can:
- Contact us for free on 0333 000 0729
- Claim online if you suffered food poisoning.
- Use the live chat option below to discuss compensation claims for food poisoning with the help of personal injury solicitors.
More Useful Resources About Personal Injury Claims
In addition to this guide on how to make a food poisoning claim, here are some other helpful guides:
- Here we explore how to claim for a gluten allergy.
- This guide looks at special damages in more detail.
- Also, you can find information on claims for psychological injury.
External resources:
- This NHS resource looks at salmonella infections.
- Also, E coli symptoms are looked at here.
- Lastly, information on claiming Statutory Sick Pay (SSP) from the government.
We value your interest in our guide about making a food poisoning claim. For any further help seeking compensation after a food-borne illness or for more general information on the food poisoning claims process, please ask our advisors.
