Can You Claim For Food Poisoning On Holiday?

Yes, you can claim for food poisoning on holiday as per the Package Travel, Package Holidays, and Package Tour Regulations. These regulations outline a statutory duty of care to ensure that holiday goers are safe while using their services as part of a package holiday.

Notably, this duty of care extends to several elements of the package holiday, including food provision.

For example, the hotel restaurant abroad must make sure that their kitchen staff are properly trained in order to provide safe food to guests. If they fail to do this and a family of holiday goers suffers food poisoning, they may have breached their duty of care.

An important thing to keep in mind is that if you get food poisoning abroad in a restaurant that is not part of a package holiday, you would claim differently.

Your holiday abroad will fall under the regulations outlined above if the following apply:

You paid one holiday company under one invoice for your trip
At least two of the following were combined: transport, accommodation, and another tourist service, such as a guided tour. Notably, these must have been booked together prior to your holiday
Overnight accommodation for more than 24 hours must have been included in your package holiday

If you believe the above applies to you, the travel company you booked with will be responsible for the food poisoning you suffered abroad.

Can I Claim For My Family If They Have Food Poisoning On Holiday?

Yes, you can claim for your family if they have food poisoning on holiday, if they cannot claim on their own. You would do so through a legally appointed role called a litigation friend. We talk about this in much more detail in the time limit section of this guide.

If you have any questions you need answering straight away regarding the above, please reach out to us today.

How Much Holiday Food Poisoning Compensation Can You Get?

The amount of holiday food poisoning compensation you could get will depend on several factors, as every claim is different. However, when calculating your compensation, your personal injury solicitor can refer to a publication called the Judicial College Guidelines (JCG). In it, you will find a wide range of injuries, including their severities and related compensation brackets. Importantly, this is covered by a head of claim known as general damages.

The following factors will be considered by your solicitor when it comes to determining general damages:

The severity of the harm you suffered
Whether it’s impacted your quality of life
Whether you have suffered psychological damage
Whether you have undergone invasive treatment
Whether you will encounter any pain and suffering in the future

Compensation Guidelines

In the table below, you will find several compensation brackets sourced from the JCG. However, please know that the first figure has not been selected from the JCG and that these are not guaranteed compensation amounts. In other words, this table is intended to serve as a guide only.

INJURY	SEVERITY	COMPENSATION GUIDELINES
Multiple serious injuries and special damages.	Serious or severe	Up to £150,000+
Kidney	b) Total loss of natural kidney function	Up to £78,080
Digestive System - Illness/Damage Resulting From Non-Traumatic Injury	(i) Severe toxicosis	£46,900 to £64,070
	(ii) Serious but short-lived food poisoning	£11,640 to £23,430
	(iii) Significant discomfort	£4,820 to £11,640
	(iv) Varying degrees of disabling pain	£1,110 to £4,820

If you’d like to know if you can claim for food poisoning on holiday or simply want to know more about the JCG, please speak to us today.

An image of bacteria that can be found in contaminated food.

Special Damages In Food Poisoning Abroad Claims

After food poisoning negligence, you can claim compensation in the form of special damages to recoup any money you have lost as a result of the illness. Specifically, special damages are a head of claim that is designed to compensate for any financial losses a claimant might have incurred as a result of their food poisoning suffered abroad.

The financial losses might look like:

Medical expenses
Loss of earnings
Travel costs
Cancelled pre-paid activities
Care costs for those who are more vulnerable, such as the elderly
Any other out-of-pocket expenses

If your medical negligence solicitor determines your request for special damages is valid, they will require evidence in the form of documented costs. For instance:

Payslips showing loss of earnings
Medical bills, such as prescriptions
Travel receipts to and from the hospital or your GP

If you want to know whether you can claim for food poisoning on holiday regarding special damages, reach out to our team today.

What Are The Common Causes Of Holiday Food Poisoning?

The common causes of holiday food poisoning are:

Food that has not been stored properly
Food that has been poorly prepared
Food that has been inadequately cooked
Food that has been involved in cross-contamination
Poor hygiene practices
Food that has been contaminated in some other way

In these examples, the negligence takes place through the action of not adhering to health and safety practices when storing, preparing and cooking food for customers

If you believe that one of these unsafe practices contaminated your food on holiday and you suffered food poisoning as a result, please get in touch with our team today.

Different Types Of Food Poisoning That Can Be Contracted

Please find below the different types of food poisoning that can be contracted:

E.coli: This is a group of bacteria that can cause infections in your gut, urinary tract and other parts of the body.
Salmonella: A Salmonella infection is a common bacterial disease that affects the intestinal tract.
Campylobacter: Campylobacter is a type of bacterium that can cause diarrheal disease.
Norovirus: Norovirus, also known as the winter vomiting bug, is a bug that causes vomiting and diarrhoea.
Listeria: Listeria is a foodborne illness which often causes mild flu-like symptoms such as fever, muscle aches and diarrhoea.

If you have suffered from any of the above types of food poisoning, please connect with one of our advisors today.

How To Prove Negligence Caused Food Poisoning On Holiday

When it comes to proving that negligence caused food poisoning on holiday, you will need to gather and present as much evidence as possible. Notably, the evidence in question should clearly show that a third party is at fault, as well as the severity of the food poisoning.

Many things can serve as evidence, and we’ve provided some examples below:

Medical records outlining a timeline of the illness and any treatment you have received
Food poisoning testing via a stool sample
Receipts demonstrating proof of the food purchased
A personal account of what happened to you, such as symptom documentation
Contact details of witnesses and others who fell ill
A food safety investigation report
Package holiday booking information
Address and other details of the hotel location
Photographs of the conditions where you stayed on your holiday

Here at Legal Expert, we know how taxing gathering evidence can be, especially after you’ve been so unwell. Please get in touch with us so we can tell you how we can help.

A man has contracted food poisoning by eating contaminated food and is now wondering how much compensation he could get.

Is There A Holiday Food Poisoning Claim Time Limit?

Yes. The standard limitation period in which to start a food poisoning claim is 3 years from the date you fell ill. This is set out by the Limitation Act 1980. However, this is not the case for every claimant. In fact, the legislation highlights specific exemptions:

A vulnerable adult who lacks the mental capacity to file a claim independently. In this case, if the individual’s mental capacity returns, they can make a food poisoning claim, and the 3 years would start from the date of their recovery.
A minor who is too young to claim. They can claim once they turn 18 and will have until their 21st birthday.

In either instance, a litigation friend can claim on their behalf whilst the time limit is on hold. This role can be taken on by anyone as long as they are close to the vulnerable adult or the child. Once this role is taken on, the litigation friend will be responsible for making decisions, representing the protected party and communicating with any legal professionals involved in the food poisoning claims process.

If you’re wondering can you claim for food poisoning on holiday regarding the time limit, please talk to us today.

Get Help From Legal Expert

At Legal Expert, our solicitors have navigated numerous food poisoning claims and secured the highest possible compensation on behalf of their clients. Notably, we will offer you the opportunity to work with one of our specialist solicitors on a No Win No Fee basis; specifically, through a Conditional Fee Agreement (CFA) contract.

CFAs come with several important benefits:

You won’t have to pay any solicitors’ fees if your claim fails
You won’t have to pay for upfront solicitors’ fees
You won’t pay any solicitors’ fees while your claim is in progress

In the event that your food poisoning claim is successful, you will pay a success fee for the work your solicitor has provided. This is paid directly out of your compensation as a legally limited percentage, as outlined in the Conditional Fee Agreements Order 2013.

Not only will Legal Expert provide you with these benefits, but you will also gain immediate access to a robust range of support services, which will allow you to navigate a reduced-stress claims process. We have listed some of the support services we offer below. We will:

Evaluate how strong your claim is and let you know how likely it is to win
Calculate a fair compensation figure
Provide an independent medical assessment to assess the harm done
Represent you in negotiations and court proceedings
Liaise with the defendant’s solicitors and keep you in the loop at all times
Follow all instructions to the letter and meet every deadline efficiently
Gather evidence on your behalf, for example, witness statements
Draft the Letter of Claim to begin the claims process
Get you access to medical treatment that might not be available on the NHS
Negotiating a final settlement amount
Instructing the right barrister to take on your claim if it ends up in court

If you’d like to know more about what benefits and services you will receive if you decide to work with us, get in touch for free over the phone, online or via our live chat using the contact details below:

Phone us on 0800 073 8804
Contact us online
Talk to us using our live chat

A solicitor making notes about compensation claims, specifically a no win no fee claim and holiday illness claim.

Frequently Asked Questions

Below, we answer a few food poisoning FAQs.

The Food Poisoning Signs And Symptoms

The food poisoning signs and symptoms are nausea, vomiting, diarrhoea, stomach cramps, and a fever.

Can I Be Reimbursed If I Have To Cut My Holiday Short?

Yes, you may be reimbursed if you have to cut your holiday short, as this would be considered a financial loss or as several financial losses and would be compensated through special damages.

Will I Be Able To Claim In The UK?

Yes, you will be able to claim under the Package Travel, Package Holidays, and Package Tour Regulations in the UK if the company responsible for your package holiday is UK-based.

Will The Country I Visited Impact My Claim?

Yes, the country you visited may have an impact on your claim if you’re not claiming against a UK-based tour operator.

Whilst Still On Holiday?

Yes, you can start a claim whilst still on holiday. In fact, we encourage claimants to start the personal injury claims process as soon as possible.

Will I Need To Travel Back And Forth If I Claim?

You will not need to travel back and forth if your tour operator is located in the UK. However, if you are claiming in the country where your food poisoning took place, it would be up to them.

Will A Holiday Food Poisoning Claim Go To Court?

Not necessarily, in fact, most personal injury claims will be settled outside of court. However, some claims might require a judge’s intervention, including but not limited to: complex cases, third-party refusal to admit liability, or serious food poisoning claims.

Here at Legal Expert, we know how stressful the claims process can be, and that’s why we’re here to help. Speak to us for free over the phone, online or via our live chat today. We’re available around the clock to provide you with the support you deserve.

Learn More

Some more guides by us:

Have you suffered an allergic reaction in a restaurant and it wasn’t your fault? Read our guide on having an allergic reaction after eating at a restaurant.
Have you been injured on a package holiday abroad? Read our guide on tour operator claims.
Experiencing food poisoning in a public place can be humiliating and negatively impact your self-esteem. Read our guide on psychological injury claims.

Some additional reading:

Find out what to do if you have food poisoning from the NHS.
Familiarise yourself with treatment and hospitalisation abroad.
Food Standards Agency advice about food poisoning.

Thank you for reading our guide on can you claim for food poisoning on holiday.

How To Claim For Food Poisoning On Holiday

Illness and Food Poisoning On Holiday Claims Guide

Illness and Food Poisoning On Holiday Claims Guide

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