Can You Claim Compensation for Food Poisoning?
Food poisoning is a common illness that occurs when a person consumes contaminated food or drink. According to the Food Standards Agency, an estimated 2.4 million people suffer from food poisoning each year in the UK, with many cases going unreported. If you have experienced food poisoning due to someone else’s negligence, such as a restaurant or pub, a take away provider, food retailer, or food manufacturer, you may be able to hold them liable for your food poisoning and make a compensation claim.
Eligibility for Making a Food Poisoning Compensation Claim
To be eligible for a food poisoning compensation claim in the UK, you must prove that:
- You suffered from food poisoning
- The illness was caused by someone else’s negligence
- You must start the claim within the legal time limit, which is usually three years
If you believe that you have suffered food poisoning after eating out, or due to food purchased from a shop or supermarket, it is vitally important that you seek medical attention promptly and inform your GP about the food that you believe may be responsible. You should also report your concerns to the relevant authorities so that they can undertake an investigation. For instance, the Food Standards Agency or your local council’s environmental health department.
Proving You Have Food Poisoning
To prove that you have suffered from food poisoning, you will need to provide your solicitor with supporting evidence, such as:
- Medical records
- Witness statements
- Receipts or proof of purchase
A solicitor specialising in food poisoning compensation claims will help you gather the necessary evidence and build a strong case. We’ll go into more detail about this below.
Liability for Food Poisoning
Food businesses, such as restaurants, cafes, supermarkets, food manufacturers, and event caterers, have a legal duty to ensure the safety of their products. This includes following proper food hygiene and safety practices, such as:
- Storing, preparing, and cooking food at safe temperatures
- Preventing cross-contamination between raw and cooked foods
- Ensuring food handlers maintain good personal hygiene
- Ensuring the highest standards of hygiene and cleanliness within food storage and kitchen areas
- Providing accurate allergen information
If a food business breaches food safety regulations and that breach causes food poisoning, the business can be held liable. It may then face legal consequences should a claim be made against it.
Time Limits for Claiming Food Poisoning Compensation
In the UK, there are strict time limits for making a food poisoning compensation claim. Adults over 18 years of age must make a claim within three years of the date of the incident or the “date of knowledge” (the date when someone first became aware that their illness was caused by food poisoning).
It is crucial to act promptly to ensure that your claim is made within the time limits. If you miss the deadline, you will lose your right to claim compensation altogether. Our expert team and specialist solicitors can advise you on the specific time limits applicable to your case. We’ll ensure that your claim is made in a timely manner.
Compensation claims can also be made for allergic reactions caused by mishandled or mislabelled food. Food businesses are legally required to provide accurate allergen information and prevent cross-contamination between allergens and non-allergen foods.
Allergic reactions can be severe and even life-threatening, so it is essential to seek prompt medical attention if you experience symptoms such as difficulty breathing, swelling of the face or throat, or anaphylaxis.
If you have suffered from food poisoning while abroad, such as on holiday or during a business trip, you may still be able to claim compensation. The process will depend on whether you booked your trip through a UK-based tour operator or travelled independently.
If you booked a package holiday through a UK tour operator, you can make a claim against them under the Package Travel, Package Holidays and Package Tours Regulations 1992. If you travelled independently, you may need to make a claim against the foreign entity responsible for your illness, which can be more complex.
In either case, it is crucial to report the illness to your tour operator or hotel, seek medical attention both abroad and upon your return to the UK, and keep all relevant documentation, such as medical records and receipts.
What is Food Poisoning?
Food poisoning is an illness caused when someone consumes food or drink that is contaminated with harmful bacteria, viruses, parasites, or chemicals. These pathogens and toxins can multiply rapidly in food that has not been correctly stored, prepared, or cooked properly. In the UK, the most common causes of food poisoning are Campylobacter, Salmonella, and E. coli.
The symptoms of food poisoning can range from mild to severe and typically appear within a few hours to a few days after consuming contaminated food. Common symptoms include:
- Nausea and vomiting
- Diarrhoea
- Stomach cramps and abdominal pain
- Fever and chills
- Headache and muscle aches
- Dehydration
In severe cases, food poisoning can lead to long-term health consequences, such as kidney failure, chronic arthritis, and even death.
Food poisoning is often caused by improper food handling, inadequate cooking, cross-contamination, and poor hygiene practices. High-risk foods include:
- Raw or undercooked meat, poultry, and seafood
- Unpasteurised milk and dairy products
- Raw eggs and foods containing raw eggs
- Unwashed fruits and vegetables
In the UK, the most common settings for food poisoning outbreaks are restaurants, catering events, and home kitchens.
If you suspect that you have food poisoning, it is essential to seek medical advice and treatment promptly. Even if your symptoms appear mild, they can quickly escalate and lead to serious complications. By seeking medical attention, you not only ensure your own health and well-being but also create a record of your illness that can serve as valuable evidence in your compensation claim.
Common treatments for food poisoning include:
- Rehydration with fluids and electrolytes
- Rest and recovery time
- Antibiotics in severe cases
Your doctor can advise you on the best course of treatment for your specific case and monitor your progress to ensure a full recovery.
How to Make a Food Poisoning Compensation Claim
In the UK, the process of making a food poisoning claim may initially seem daunting, but with the right guidance and support, understanding the road ahead will seem far more straightforward.
No Win No Fee Claims
Here at Direct2Compensation, we offer “no win no fee” claims for food poisoning compensation. These are also known as Conditional Fee Agreements (CFAs). Under CFA arrangements, you don’t have to worry about legal costs as the majority of these will be paid by the defendants. You only contribute a fixed 25% from your settlement towards your solicitor’s fee if the claim is successful. If your claim is unsuccessful, you will never have liability for any costs. You won’t have to pay your solicitor (or any other party) anything whatsoever.
No win no fee claims offer several benefits for claimants, including:
- Reduced financial risk, as you do not have to pay any upfront costs
- Increased access to legal representation, regardless of your financial situation
- Incentive for your solicitor to work hard on your behalf, as their payment depends on them being successful in their handling of your claim
We know there are many questions people have about making a claim, or how no win no fee works. Our team are here to help you and will gladly answer any questions you may have. We will explain in simple terms the details of our no win no fee arrangement.
Evidence Required to Support Your Claim
To make a successful food poisoning compensation claim, you will need to provide evidence that supports your case. This can include:
- Medical records confirming your diagnosis and treatment provision
- Receipts or other proof of purchase for the contaminated food
- Reports from authorities such as environmental health or food standards agency
- Witness statements from others who consumed the same food and became ill
- Photographs of the contaminated food or the establishment where it was purchased
It is really important that you seek to gather and preserve evidence as soon as possible to support your claim. When the details have not been reported in a timely manner, supporting evidence can become lost or destroyed. Our excellent team and specialist solicitors know your rights and can advise you on the specific evidence required. We’ll also assist you in obtaining that evidence.
Many people are concerned about the prospect of going to court when making a food poisoning compensation claim. However, the vast majority of claims are settled out of court through negotiations between the claimant’s solicitor and the defendant.
The likelihood of going to court may increase in cases where liability is disputed, or the illness is particularly severe. However, even in these cases, your solicitor will work to achieve a settlement before trial whenever possible.
In addition to seeking medical attention, it is important to report your food poisoning incident to the proper authorities. In the UK, this can include:
- The local Environmental Health Department
- The Food Standards Agency
Reporting the incident can help prevent further outbreaks and strengthen your compensation claim by creating an official record of the event. When making a report, be prepared to provide details such as:
- The date and location of the incident
- The type of food consumed
- The symptoms experienced
- The contact details of any witnesses
Don’t worry if you haven’t done this already. We can guide you through the reporting process and ensure that all necessary information is provided.
The duration of a food poisoning compensation claim can vary depending on several factors, such as:
- The complexity of the case
- The severity of the illness
- The defendant’s willingness to settle
On average, straightforward cases can be settled within 6 to 12 months, while more complex cases may take 12 to 18 months or longer. Your solicitor can provide a more specific timeline for your case and keep you informed of any developments throughout the process.
Why Use a Solicitor to Make a Food Poisoning Claim?
Making a food poisoning compensation claim can be a complex and time-consuming process. However, by using a specialist solicitor with expertise in such claims, you will benefit from their negotiation skills and legal knowledge to ensure that your claim is handled correctly. A specialist solicitor will ensure that your rights are upheld. They will also maximise your compensation settlement should you succeed with your claim. While any solicitor can handle a food poisoning compensation claim, there are significant advantages to working with a specialist who has extensive experience and knowledge in this area of law.
A specialist food poisoning solicitor will:
- Provide tailored advice based on your specific case
- Identify and highlight the strengths of your claim, whilst removing any weaknesses from your claim
- Anticipate potential defendant challenges and develop strategies to overcome them
- Ensure that you receive the appropriate level of compensation for your circumstances
It is possible to make a food poisoning claim without a solicitor by dealing with the defendant’s insurer yourself. However, there are many reasons why this should be avoided. Choosing a specialist solicitor to act on a no win no fee basis protects you from any stress, increases your chances of success and will help you achieve the best possible outcome for your claim.
How Much Compensation Can You Receive for Food Poisoning in the UK?
Compensation settlements can cover both your illness and related losses. The amount of compensation awarded in food poisoning claims will vary significantly depending on the specific circumstances of each case.
Factors Affecting Food Poisoning Compensation Amounts
Several factors can impact the amount of compensation awarded in a food poisoning claim, including:
- Severity and duration of the illness: More severe cases involving prolonged symptoms or hospitalisation will result in higher compensation settlement amounts.
- Long-term health consequences: If the food poisoning leads to ongoing health issues or permanent disability, the compensation amount may be significantly higher.
- Impact on the claimant’s life and work: The extent to which the illness has affected the claimant’s daily life, ability to work, and overall well-being can influence the compensation amount.
- Age and pre-existing health conditions: Younger claimants and those with pre-existing health conditions may be awarded higher compensation due to the potentially greater impact on their lives.
- Level of negligence: Cases involving gross negligence or intentional disregard for food safety may result in higher compensation amounts.
Mild Food Poisoning Compensation Amounts
In mild food poisoning cases, where symptoms such as nausea, vomiting, and diarrhoea typically resolve within a few days to a week, compensation amounts can range from £700 to £3,500. This compensation covers medical expenses, lost wages, and any other out-of-pocket expenses incurred due to the illness.
For example, if you had to take a week off work due to mild food poisoning and lost £500 in wages, you may be entitled to receive compensation for those lost earnings in addition to any medical expenses and a settlement value for pain and suffering.
Moderate Food Poisoning Compensation Amounts
Moderate food poisoning cases, where symptoms are more severe and may last for several weeks, can result in compensation amounts ranging from £3,500 to £8,000. These cases may involve dehydration, significant weight loss, and the need for medical intervention.
Severe Food Poisoning Compensation Amounts
In severe food poisoning cases, where the illness results in hospitalisation, long-term health consequences, or permanent disability, compensation amounts can range from £8,000 to £50,000 or more. These cases may involve complications such as kidney failure, reactive arthritis, or Guillain-Barré syndrome.
Food Poisoning Resulting in Long-Term Health Issues or Death
In the most severe cases, where food poisoning results in long-term health issues or death, compensation amounts can be significantly higher. These cases are rare, but can involve substantial medical expenses, the need for ongoing care, and permanent changes to the claimant’s life. In cases of death, the family of the deceased can claim compensation for funeral expenses, loss of financial support, and bereavement.
Compensation for Financial Losses Due to Food Poisoning
In addition to compensation for pain and suffering, food poisoning claims can also include financial losses incurred as a result of the illness. These may include:
- Lost wages due to time off work
- Reduced earning capacity if the illness has long-term effects on the claimant’s ability to work
- Out-of-pocket expenses such as medical bills, travel costs, and care expenses
A specialist solicitor knows how to calculate and prove the extent of any losses, ensuring the appropriate level of compensation. For example, if a claimant had to take three months off work due to severe food poisoning and lost £10,000 in wages, they may be entitled to receive compensation for those lost earnings in addition to their other losses and settlement for pain and suffering.
Compensation for Emotional Distress and Loss of Enjoyment
Food poisoning compensation claims can also include non-financial losses, such as emotional distress, pain and suffering, and loss of enjoyment. These losses can be significant, particularly in cases of severe or long-lasting illness.
UK courts assess and award compensation for emotional distress and loss of enjoyment on a case-by-case basis. They will consider factors such as the severity and duration of the illness, the impact on the claimant’s daily life, and any long-term consequences. As ever, the more evidence that can be provided, the easier it is to substantiate an aspect of a claim. If you have suffered emotional distress or associated mental health issues as a result of food poisoning, you should see your GP and seek appropriate help.
Working with a specialist solicitor is essential and will ensure that emotional distress and loss of enjoyment are properly accounted for in your food poisoning compensation claim.
Start Your Food Poisoning Compensation Claim Today
If you have suffered from food poisoning due to someone else’s negligence, it is important to take action as soon as possible. By starting your claim today, you can ensure that you meet the necessary time limits and begin the process of seeking the compensation you deserve.
To start your claim, contact us for a free, no-obligation consultation. During this consultation, you can discuss the details of your case, ask any questions you may have, and learn more about the claims process.
By choosing Direct2Compensation, you’ll also benefit from:
- Expert guidance through the claims process, ensuring necessary evidence is obtained and that a strong case is made for you.
- A no win no fee agreement that you can understand. We’ll ensure you don’t face any financial risk when pursuing your claim.
- Compassionate and personalised support tailored to your unique circumstances.
Contact us today to get the help you need. Our goal is to help you turn the challenging situation of being made unwell due to food poisoning into a successful claim, allowing you to focus on what truly matters – your recovery and well-being.
You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.
Frequently Asked Questions
Symptoms of food poisoning can appear within a few hours to a few days after consuming contaminated food, depending on the type of pathogen involved. In most cases, symptoms develop within 24-48 hours.
Yes, you may be able to claim compensation for food poisoning that occurred while on holiday abroad. If you booked a package holiday through a UK tour operator, you can make a claim against them under the Package Travel Regulations.
If you suspect you have food poisoning, seek medical attention promptly and report the incident to the local Environmental Health Department. Keep any evidence, such as receipts or leftover food samples, to support your compensation claim.
While it is strongly recommended to seek medical attention for food poisoning, you may still be able to claim compensation without a doctor’s visit. However, having medical records can significantly strengthen your claim and increase your chances of success.
We offer “no win, no fee” arrangements for food poisoning claims, meaning you only pay legal fees if your claim is successful. If your claim is unsuccessful, you do not owe your solicitor anything.
