You should expect the food you buy to be safe to eat. Sadly, this is not always the case. The Food Standards Agency (FSA) estimates there are 2.4 million cases of foodborne illnesses each year in the UK. If you suffered an illness from contaminated food due to someone else’s negligence, you could make a food poisoning claim.
We begin this guide by looking at what food poisoning is. Then we look at what a compensation claim is. Next, we look at whether you could claim for food poisoning caught on holiday. We subsequently cover the claims process. Our guide also looks at how food poisoning compensation payouts may be calculated. Finally, we look at how a No Win No Fee solicitor could help you make a personal injury compensation claim.
Please read our guide below for more information on food poisoning compensation claims. When you are ready to start your claim, contact us by:
- Phoning us on 0800 073 8804
- Beginning your claim online.
- Using the live support chat below.
Jump To A Section
- What Is Food Poisoning?
- What Is A Food Poisoning Claim?
- Can I Claim For Food Poisoning When On Holiday?
- How Do I Make A Food Poisoning Claim?
- What Is The Time Limit For Food Poisoning Claims?
- Food Poisoning Compensation Payouts
- How Long Does A Food Poisoning Claim Take?
- Can I Claim Food Poisoning Compensation On A No Win No Fee Basis?
- More Useful Resources About Personal Injury Claims
What Is Food Poisoning?
Before we look at what a food poisoning claim is, we will first look at what food-related illnesses are. Food poisoning is an illness which is caused by eating food which has been poorly prepared, improperly stored or cooked or which has been contaminated in some way.
According to the NHS, food poisoning is rarely serious. In most cases, it will get better in a week or so. However, severe food poisoning may result in hospitalisation. Common symptoms of food poisoning may include
- Stomach cramps.
- Nausea and vomiting.
- Diarrhoea.
- A high temperature (38c or higher).
The most common cause of a food poisoning illness is campylobacter bacteria. Other bacteria that can induce food poisoning include:
- Escherichia coli (e-coli).
- Salmonella bacteria.
In addition to harmful bacteria, food related illnesses could be caused by viruses such as norovirus or rotavirus. Please contact our team if you have suffered a foodborne illness.
What Is A Food Poisoning Claim?
All businesses supplying food for public consumption must adhere to legislation such as the Food Safety Act 1990 and the Food Standards Act 1999. Such legislation applies to all stages of food production, preparation and service.
The Food Safety Act sets out the main responsibilities of food businesses, whilst the Food Standards Act established the Food Standards Agency (FSA). The FSA regulates food systems in England, Wales and Northern Ireland.
If you suffered food poisoning due to a liable party, such as a restaurant, failing to adhere to relevant food safety legislation, you may be able to claim compensation. However, you will need to prove that you satisfy the eligibility criteria. To make a food poisoning compensation claim you need to show that:
- The food supplier owed you a duty of care as set by the Food Safety Act.
- They failed to meet this duty of care. For example, they may have practised poor food hygiene.
- This breach caused you to suffer food poisoning.
Please contact our team to discuss the circumstances of your illness and find out if you have good grounds to start a food poisoning claim.
Can I Claim For Food Poisoning When On Holiday?
You may be able to claim compensation if you contracted food poisoning whilst on holiday. Unfortunately, this is relatively common. You could contract food poisoning due to poor hygiene or due to food being stored or cooked improperly.
If you suffered food poisoning whilst on a package holiday, your holiday provider may be at fault. This is because under The Package and Linked Travel Arrangements Regulations 2018, they owe you a duty of care.
In order to make a holiday accident claim for food poisoning, you must show that the provider owed a duty of care. The food must have been served by a provider who was part of the package. For example, this may include airline food or that served at an all inclusive hotel. However, it would not include a meal eaten in a restaurant that was not part of the package holiday.
Please contact our team for more information on holiday accident claims. They can advise on whether you could be eligible to make a food poisoning claim for a meal or snack eaten on a holiday abroad.
How Do I Make A Food Poisoning Claim?
The first step you should take if you suffer from food poisoning is to get any medical care necessary. In addition to looking after your health, doing so starts to create a body of evidence for your claim. For example, you can request a copy of your medical records that may be submitted as part of the food poisoning claims process.
Further types of evidence you could collect that could help your food poisoning claim may include:
- Your receipt. This may show the time and date the food was purchased on. If you dined at a restaurant, it may also show what food you ate.
- The details of any witnesses.
- A diary or list of what you ate prior to becoming sick.
- Any packaging the food came in, such as that from a supermarket or food delivery.
One of our No Win No Fee solicitors could help you gather relevant evidence to support your claim. Please contact us for more information on how to claim.
What Is The Time Limit For Food Poisoning Claims?
The personal injury claim time limit applies whether you are claiming for a restaurant accident or for severe food poisoning. Your claim may not be settled within this time, but you must start the claims process.
In most instances, the limitation period is three years from the day you suffered food poisoning. This is set out in the Limitation Act 1980. There are also instances in which the time limit may either be paused or suspended.
For instance, if the person harmed was under the age of eighteen they could not claim compensation on their own behalf. Instead, a litigation friend may claim for them. The litigation friend is a suitable adult, such as a parent or guardian, who acts on behalf of the child. They may claim at any point prior to the child turning eighteen. The three-year time limit will then apply if a litigation friend did not launch a food poisoning claim for them.
If the claimant lacks the mental capacity to claim, the time limit is suspended indefinitely. It will only be applicable if the claimant regains their mental capacity, giving them three years from the date it was deemed this recovery took place. A litigation friend may claim at any point on behalf of the person harmed.
Please contact our team for more information on how to claim on behalf of someone else.
Food Poisoning Compensation Payouts
The first thing we should note in this section is that there are no standard food poisoning compensation amounts. Each claim is unique. Your case will be individually assessed. Food poisoning compensation payouts may take account of medical evidence and look at what pain and suffering you experienced.
In addition, your settlement may also take loss of earnings and other financial expenses into consideration. These are called special damages.
The Judicial College Guidelines (JCG) may be used as a reference when calculating damages for the physical pain and emotional suffering caused by food poisoning. The JCG contains guideline compensation amounts for different forms of injury and illness. In the following table, we look at a few of these figures. Note that the first row does not come from the JCG.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple serious injuries and special damages. | Serious or severe | Up to £500,000 (or more) |
| Bowel Injury | A - Double incontinence. | Up to £224,790 |
| Bladder injury | C - Serious impairment of control. | £78,080 to £97,540 |
| Bladder injury | D - Almost complete recovery from long-term interference. | £28,570 to £38,210 |
| Kidney injury | B - Significant risk of a future urinary tract infection or loss of natural function. | Up to £78,080 |
| Illness (such as from food poisoning) | B - (i) Severe toxicosis. | £46,900 to £64,070 |
| Illness (such as from food poisoning) | B - (ii) Serious, short-lasting food poisoning. | £11,640 to £23,430 |
| Illness (such as from food poisoning) | B - (iii) Food poisoning or allergic reaction. | £4,820 to £11,640 |
| Illness (such as from food poisoning) | B - (iv) Disabling pain and cramps. | £1,110 to £4,820 |
| Spleen | Loss of spleen with continued infection risk. | £25,380 to £32,090 |
Additionally, you could be compensated for financial losses such as medical bills under special damages. Special damages could compensate for:
- Medical bills, medication and related expenses.
- The cost of attending medical appointments, such as transport, etc.
- Lost earnings and income.
For food poisoning compensation claims to include special damages, you must present evidence of such losses. Proof could include copies of your bank statements, wage slips or invoices.
Please contact our team for an assessment of your food poisoning claim.
How Long Does A Food Poisoning Claim Take?
Whilst your claim will follow the general personal injury claims process, each claim is unique. This means it can be difficult to estimate how long your food poisoning claim will take.
There are several factors which could affect how long compensation takes to come through. These may include:
- Whether the other party accepts their liability for your illness. If they do, the claim may progress much quicker.
- What evidence is needed to support your claim and how easy it is to acquire.
- If your claim is straightforward, or if your prognosis is difficult to assess could also affect how long it takes.
Please contact our team for a full assessment of your claim for food poisoning compensation.
Can I Claim Food Poisoning Compensation On A No Win No Fee Basis?
Whilst it is possible to make a food poisoning claim without a solicitor, there are many benefits to instructing one. Our specialist solicitors are experts in helping people to make successful compensation claims.
If you choose to work with one of our solicitors they could help to guide you through the claims process. To help you claim compensation, they could handle your case on a No Win No Fee basis by using a Conditional Fee Agreement (CFA).
Through a CFA, a solicitor can help you to claim compensation without you having to make upfront payments. You would also not need to pay for the solicitor’s services whilst the claim is underway. If your claim is successful, you will pay a success fee. The law limits this percentage. Should your food poisoning claim fail, you won’t have to pay for your solicitor’s work.
Get in touch with our team to be connected to a No Win No Fee solicitor:
- Call 0800 073 8804 to speak to our team.
- Start your claim online.
- Use our live support chat.
More Useful Resources About Personal Injury Claims
The final part of our guide looks at where you can learn more about food poisoning and personal injury claims.
Here are a few more of our guides:
- Find out how to make a food allergy compensation claim in this guide.
- Here we look at how to sue a restaurant for an allergic reaction.
- Check how to claim for an allergic reaction after eating at a cafe in this guide.
Resources from across the web that might be useful.
- You can read more about Campylobacter, a common cause of food related illnesses, in this Government resource.
- Find out how to report a food crime in this guide from the FSA.
- Check how Statutory Sick Pay works in this government resource.
Thank you for reading our guide. We hope we helped you understand when you could make a food poisoning claim. Please contact our team for more information on how personal injury solicitors could help you.
