Food Poisoning Claims – How To Sue And Get Compensation

If you’re wondering how to sue for food poisoning compensation, you will need to have evidence (e.g., your medical records) demonstrating that the illness occurred due to a third party’s failure to provide food safe for consumption. Food poisoning can lead to a range of unpleasant symptoms, including nausea, vomiting, and abdominal pain. The effects may extend beyond physical symptoms, leading to lasting food aversions and anxiety.

At How To Sue, we understand that the idea of starting a food poisoning claim can feel daunting. Thankfully, our advisory team is here to explain everything you need to know and help you take your first steps towards making a claim. They are available 24 hours a day, 7 days a week to answer your questions and provide helpful advice. Following a free initial consultation, you could be put through to one of the experienced personal injury solicitors on our panel to start your claim. They are ready to help you secure the compensation you deserve, all on a No Win No Fee basis.

To start your food poisoning compensation claim, please don’t hesitate to contact our advisory team today.

 

Frequently Asked Questions

1. What Is Food Poisoning?
2. How To Sue For Food Poisoning
3. How Can Food Poisoning Be Caused?
4. How Much Food Poisoning Compensation Could I Receive?
5. What Is The Time Limit For Making A Food Poisoning Claim?
6. How Can I Prove A Claim For Food Poisoning Compensation?
7. Can I Claim For Food Poisoning On A No Win No Fee Basis?
8. Frequently Asked Questions
9. Learn More About Personal Injury Claims

What Is Food Poisoning?

Food poisoning is an illness caused by eating contaminated food containing bacteria, viruses, or toxins. It may occur if an item is improperly stored, handled, or cooked. Common symptoms of food poisoning can include:

• Nausea
• Vomiting
• Diarrhoea
• Stomach cramps and pain
• Fever, chills, and aches
• Fatigue

Symptoms may present within hours or days of consuming the affected food, and most cases resolve within several days. However, there are rare cases where food poisoning can be serious. This may lead to severe dehydration, neurological symptoms, or vomiting and diarrhoea that continue to persist.

Are There Different Kinds Of Food Poisoning?

Yes, there are many different kinds of food poisoning, categorised by whether they are caused by viruses, germs, or bacteria. Some of the most common causes of food poisoning include:

• Salmonella – typically caused by poultry, raw meat, or eggs
• Norovirus – a highly contagious virus that leads to sudden inflammation of the stomach
• E. coli – commonly from undercooked meat and raw milk
• Campylobacter – a germ frequently found in raw or undercooked chicken
• Listeria – from soft cheeses, deli meats, and pate

You can get further guidance and a free case assessment by contacting our advisory team today.

How To Sue For Food Poisoning

To sue for food poisoning, you must be able to show that your illness resulted from a third party’s negligent actions and directly caused you harm. This means you need to fulfil the following eligibility requirements:

1. You Were Owed A Duty Of Care

Another person, business, or organisation must have owed you a legal duty of care when preparing, producing, or serving you food. This refers to the legal obligation of a third party to protect others’ health and safety. For vendors supplying food, this responsibility includes complying with hygiene and safety standards, primarily set out in the Food Safety Act 1990.

2. That Duty Of Care Was Breached By The Third Party

You must be able to show that the duty of care was breached. For food poisoning claims, this occurs when the responsible party fails to uphold required safety standards. As an example, a restaurant might store food in a malfunctioning refrigerator or fail to maintain proper hygiene. 

3. You Suffered Harm Or An Illness As A Result Of The Breach

To be eligible, the breach must have directly resulted in your illness. You can claim if you have suffered a physical and/or psychological injury, such as severe toxicosis, anxiety, or bowel damage.

Can I Claim For The Food Poisoning I Got During A Holiday?

Yes, you can claim for the food poisoning you got during a holiday under The Package Travel and Linked Travel Arrangements Regulations 2018. Under these regulations, package holiday providers owe travellers a duty of care when providing their services. This legal obligation to holiday-goers extends to the provision of food (but not to eateries that are not connected to the package).

With this in mind, you must be able to meet the following requirements in order to have a potentially valid claim:

• You paid a holiday company on a single invoice for your trip.
• The package included a minimum of 2 services, such as transport and accommodation.
• You must have had an overnight stay or accommodation for more than 24 hours as part of your package holiday.

To learn more about claiming for food poisoning on holiday, please contact our advisory team today.

How Can Food Poisoning Be Caused?

Food poisoning can be caused by a third party’s failure to ensure food or drink is safe for consumption, often due to poor hygiene or improper storage. Please see the following examples of how food poisoning could result from negligence:

• A chef at a restaurant cross-contaminates raw meat with other ingredients by using the same kitchen utensils. The dish you are served causes Salmonella poisoning, which progresses to severe septicaemia and sepsis. Your experience also leads to your developing PTSD.
• A restaurant fails to repair a broken fridge, despite staff members reporting that it was not maintaining a cool temperature. As a result, the contents of the refrigerator spoil and lead to you experiencing food poisoning, vomiting, and diarrhoea.
• A restaurant does not implement proper hygiene practices, with staff not being trained in handwashing and safe food storage standards. After kitchen staff do not clean their workstations after chopping uncooked beef, you contract E. coli and develop chronic kidney disease.

Please note that the above list is not exhaustive, and food poisoning can arise in many different situations. To learn more about how to sue for food poisoning in your specific case, please get in touch today.

How Much Food Poisoning Compensation Could I Receive?

The amount of food poisoning compensation you could receive will depend on the extent to which you have been harmed, the recovery period, and the overall impact on your quality of life. If your case is successful, you will be awarded general damages as part of your food poisoning compensation. This will compensate you for the physical and mental effects of being harmed.

General damages may be calculated by a solicitor using a combination of medical evidence and the Judicial College Guidelines (JCG). This publication is widely used among legal professionals because it contains compensation guidelines for a wide range of injuries and severities.

All entries in the table below, except the first, have been taken from the JCG. Please be aware that they are merely guidelines and do not guarantee how much you might receive.

Injury	Severity	Compensation
Multiple serious injuries with financial losses	Serious - with special damages such as travel costs, medical expenses, and lost earnings	Up to £500,000+
Total Incontinence	Serious - involving double incontinence with other medical complications	Up to £224,790
Bowel Injuries	b) - a total loss of function with the dependence on a colostomy	Up to £183,190
Bowel Injuries	c) - involving passive incontinence and faecal urgency	In the region of £97,530
Bowel Injuries	d) - causing an impairment of function and a temporary colostomy	£54,420 to £85,100
Non-Traumatic Injuries To The Digestive System	(i) - with severe toxicosis and acute pain	£46,900 to £64,070
Non-Traumatic Injuries To The Digestive	(ii) - including short-lived food poisoning and vomiting over two to four weeks	£11,640 to £23,430
Psychiatric Damage	Severe - affecting relationships with family and the ability to work	£66,920 to £141,240
Psychiatric Damage	Moderately Severe - cases involving work-related stress or a long-standing disability	£23,270 to £66,920

Special Damages

You could also be awarded special damages if the harm you suffered from food poisoning led to monetary losses. Under this head of loss, you can be reimbursed for a variety of out-of-pocket costs, such as:

• Loss of earnings, including current and future income, bonuses, workplace benefits, and overtime pay.
• Medical expenses, encompassing private treatments and consultations (e.g., a gastroenterologist if you developed irritable bowel syndrome), as well as prescription costs for antiemetics or antibiotics.
• Therapy and counselling to help manage food-related anxiety or other psychological harm.
• Care, such as professional help with cooking, cleaning, nursing, and dressing, if the food poisoning left you unable to do so yourself.
• Travel expenses, including the cost of fuel and public transport, incurred getting to and from medical appointments.

Special damages must be supported by evidence, whether that is receipts for bus tickets or invoices and bank statements documenting the cost of rehabilitation or professional care.

To learn more about how to sue for food poisoning and recover your financial losses, please contact our advisory team today.

What Is The Time Limit For Making A Food Poisoning Claim?

The time limit for starting a food poisoning claim is usually 3 years from the date of the incident, as per the Limitation Act 1980. However, exceptions apply in certain scenarios, and you can explore these in detail by reading our dedicated limitation period guide.

For further assistance tailored to your specific situation, please don’t hesitate to get in touch with one of our supportive advisors today.

How Can I Prove A Claim For Food Poisoning Compensation?

To prove a claim for food poisoning compensation, you must be able to provide evidence (e.g., medical records) that clearly shows how you were harmed by the negligent actions of a third party. For instance, you can keep samples, proof of purchase, or a copy of the menu. You could also photograph the contaminated product, its packaging, or the conditions at the location where you bought the food.

For more information, please see our guide on the evidence needed for a personal injury claim. If you’re put through to one of the dedicated solicitors on our panel, they can help gather evidence on your behalf. For a free case check today, please contact one of our friendly advisors.

Can I Claim For Food Poisoning On A No Win No Fee Basis?

Yes, you can claim for food poisoning on a No Win No Fee basis if you’re connected with one of the expert solicitors from our panel. Due to the Conditional Fee Agreement (CFA) they represent clients under, the solicitors from our panel will not charge a service fee for their work at the following stages:

• Upfront
• As the food poisoning claim progresses
• In the event your case is unsuccessful

If your claim has a favourable outcome, you’ll be required to pay a success fee to your solicitor. This fee will be deducted from your compensation as a legally capped percentage, which will be fully explained before your claim begins.

Our panel of specialist solicitors provide a comprehensive service to clients, all on a No Win No Fee basis. This can include:

• Ensuring you get regular case updates so you always know where your food poisoning claim stands
• Providing assistance with evidence-gathering, such as collecting witness statements on your behalf
• Giving clear explanations and straightforward guidance, cutting through the legal jargon to provide you with a fuller understanding of the personal injury claims process
• Connecting you with rehabilitation specialists, including gastroenterologists and therapists
• Arranging an independent medical assessment that can be used to strengthen your claim

Contact How To Sue’s Advisors

If you’d like to learn more about how to sue for food poisoning, please contact How To Sue’s advisors for 24/7 guidance. Our advisors are here to listen, and they will always prioritise your interests and confidentiality. You can get started today by:

• Calling us on 0800 408 7827
• Contact us by filling out our online form
• Using our free live chat feature

Frequently Asked Questions

To discover more about how to sue for food poisoning compensation, please see some common questions and answers below. For any further help and assistance, please contact our advisory team.

What Are The Symptoms Of Food Poisoning?

The symptoms of food poisoning can include vomiting, stomach pain, diarrhoea, and a high temperature. Additionally, nausea, chills, aches, and fatigue may occur.

Are There Different Food Poisoning Types?

Yes, there are many different types of food poisoning, including E. coli, Salmonella, Listeria, Norovirus, and Campylobacter. Food poisoning is typically classified by the responsible bacterium, parasite, or virus.

Who Is Liable For Food Poisoning?

Several parties may be liable for food poisoning, including manufacturers, suppliers, and retailers (e.g., restaurants, cafés, and gastropubs). These and other parties may fail to meet relevant safety standards during the production, preparation, and service of food or drink.

Will I Need To Go To Court If I Sue For Food Poisoning?

No, it’s unlikely that you will need to go to court if you sue for food poisoning, as most claims settle before this point. Claims typically require a hearing only if the defendant will not admit liability or the parties cannot agree on an acceptable settlement.

How Long Will It Take To Settle A Food Poisoning Claim?

There is no definitive timeframe for how long it will take to settle a food poisoning claim, but the availability of evidence and the other party’s willingness to accept liability can affect the process. However, our panel of solicitors work in a timely manner to adhere to stringent deadlines.

Learn More About Personal Injury Claims

Please see some of our other guides to learn more about personal injury claims:

• Learn how to sue a hotel
• See the following advice on how to sue for a slip or trip accident
• Get help with how to sue for a food allergic reaction

Additional external resources:

• Learn about food poisoning from the NHS
• Get help with food allergies and intolerances from the Food Standards Agency
• See the following advice on foreign travel insurance from Gov.UK

Thank you for reading our useful guide on how to sue for food poisoning.