How To Make Catering Food Poisoning Claims
When eating food from a catering provider, whether that be at an event, for example, the provider has a responsibility with regard to your health and safety. If you suffer food poisoning because they failed to uphold their duties, you may be entitled to claim compensation. This guide looks at when catering food poisoning claims can be made and how we can help you through the claims process when you seek compensation.
Firstly, we discuss what legislation is in place to prevent food poisoning from occurring and what criteria you must meet to be eligible to begin a catering food poisoning compensation claim.
Then, we look at some common causes of food poisoning and how a negligent catering provider could be responsible. After this, we list some key evidence that can prove compensation claims.
Furthermore, we discuss how compensation for personal injury claims is calculated and what the benefits are of claiming compensation with a solicitor under a No Win No Fee contract.
For more information on whether you have a valid personal injury claim after eating contaminated food, don’t hesitate to speak with our advisors. They can offer free legal advice 24/7. To reach them, you can:
- Call 0800 073 8804.
- Ask about your claim online by completing our form.
- Type a message in our live support chat box.
Select A Section
- When Could You Make Catering Food Poisoning Claims?
- Common Causes Of Food Poisoning
- How Do You Prove A Catering Food Poisoning Claim?
- Examples Of Payouts For Food Poisoning Claims
- How We Can Help With Catering Food Poisoning Claims
- Further Information On Personal Injury Claims
When Could You Make Catering Food Poisoning Claims?
The Food Safety Act 1990 provides the framework for all food legislation in England, Scotland and Wales. It sets out the main responsibilities for food businesses covered by the Act. This includes ensuring that businesses don’t include anything in or remove anything from food or treat food in a way that means it will damage the health of the people eating it. Their duty of care applies during all food preparation, food handling and food storing.
Furthermore, the Food Standards Act 1999 establishes the Food Standards Agency (FSA), which is an independent government department working to protect public health and the wider interests of consumers in relation to food in England, Wales and Northern Ireland. The Act 1999 gives the FSA power to act in the consumer’s interest at any stage throughout the food production and supply chain.
If there is a failure by a food business, such as a food catering provider, to uphold their responsibilities as per the Food Safety Act 1990, they could be liable for any contracted food poisoning as a result.
However, in order for any catering food poisoning claims to be eligible, you need to prove the following:
- A duty of care was owed to you.
- This duty of care was breached.
- You suffered harm due to the breach of duty.
Claims for personal injury must also begin within the limitation period to be eligible. We discuss this in more detail below.
Catering Food Poisoning Claims Time Limits
The time limit to begin a catering food poisoning compensation claim is typically 3 years, as set out in the Limitation Act 1980. The time limit begins from the date you contracted food poisoning.
However, this time limit varies if the person affected either does not have the mental capacity to claim or they are under the age of 18. For these circumstances, the time limit will be put on hold. A litigation friend could be appointed by the courts to start the claim on the affected person’s behalf while the time limit is put on hold.
Once the affected person either regains their mental capacity to claim or turns 18 years old, the usual time limit will commence only if a litigation friend has not started a claim for them.
Our advisors can talk to you more about the personal injury claims time limit and its exceptions. They can also confirm whether your catering food poisoning compensation claim is eligible.
Common Causes Of Food Poisoning
According to the NHS, food poisoning is usually caused by the following types of bacteria:
- Campylobacter bacteria which is the most common cause of food poisoning in the UK.
- Salmonella.
- Escherichia coli (E. coli).
- Norovirus.
There are several ways a customer could suffer from food poisoning due to a catering supply being negligent. For example:
- The food was undercooked, meaning the right temperature was not reached to kill off the food’s bacteria.
- The food was not stored properly. For example, food was left out of the fridge/freezer for too long when it needed to be chilled or frozen, causing bacteria to grow.
- Cross-contamination. For example, if the caterer did not wash their hands before chopping vegetables after handling raw meat. Or they used the same chopping board to cut up cooked meat after cutting up raw meat or fish.
- The food was handled by someone with contaminated hands either through being ill or not washing their hands.
- Poor kitchen hygiene, including no sufficient cleaning practices. For example, if the kitchen work surfaces were not disinfected regularly before and after food is prepared.
Not all incidents of food poisoning will form the basis of a valid claim. If, however, a catering supplier did not follow safe food practices and you suffered food poisoning as a result, you may be entitled to claim compensation for your suffering.
To discuss the specific incident which caused your illness, call the number above. An advisor can assess your case for free and determine whether you’re eligible to proceed.
How Do You Prove A Catering Food Poisoning Claim?
Having evidence for your catering food poisoning case can prove the fact that your illness was caused by a third party not complying with UK food laws.
As such, here are some steps you can take to collect evidence and strengthen your case:
- Take photographs of the contaminated food you ate (such as a photo of chicken you ate that was pink in the middle). You should also keep samples of the food which caused your illness.
- Keep a copy of the proof of purchase for the unsafe food you ate.
- Gather medical evidence, such as copies of medical reports from the doctor who treated you after you sought medical attention.
- Keep a diary with details of your symptoms and medical treatment.
- Take contact details of anyone else who may have also suffered food poisoning from the same food. For example, if more than one person at a wedding ate the same thing as you.
- Make a list of all the foods you ate supplied by the caterer, and also all the foods you ate prior.
- You could also report a food problem to the FSA. If they investigate, their findings could also be used to support your claim.
If you are eligible, you could instruct one of our expert solicitors to assist you with building your case. They have experience handling catering food poisoning claims. To find out whether you are eligible to benefit from our solicitors’ services, contact our personal injury team.
Examples Of Payouts For Food Poisoning Claims
Compensation payouts for successful catering food poisoning claims may be made up of potentially two heads of loss. These are general damages and special damages. While general damages are awarded in every successful personal injury claim, special damages are not.
General damages compensates for the physical and psychological effects of your food poisoning. Some factors considered when determining the value of this head of loss include:
- Whether your quality of life has changed.
- How long your overall recovery time is expected to be.
- Your pain severity.
During the claims process, you could be asked to attend an independent medical assessment. The medical report that is made from this assessment can be used to help with the valuation of general damages. Guidelines from the Judicial College (JCG) may also be used alongside this report. The JCG contains guideline award brackets for different illnesses and injuries.
Compensation Table
The compensation table below contains figures from the JCG. However, please keep in mind that these figures cannot be guaranteed for your case. Also, the first figure has not been taken from the JCG.
| Injury | Severity | Guideline Compensation Brackets | Comments |
|---|---|---|---|
| Multiple serious illnesses with special damages | Serious | Up to £200,000+ | Compensation for multiple serious illnesses with their financial effects, such as lost earnings, care costs, and medical bills. |
| Bowel | Total loss of natural function (b) | Up to £150,110 | Where the person needs a colostomy. |
| Faecal urgency and passive incontinence (c) | In the region of £79,920 | Leading to distress and embarrassment. | |
| Digestive system | Illness/damage from non-traumatic injury e.g. food poisoning (b) (i) | £38,430 to £52,500 | Severe toxicosis leading to serious acute vomiting, diarrhoea, fever, and pain where hospital admission is required for days or weeks. Some continuing effects may include irritable bowel syndrome and haemorrhoids. |
| (b) (ii) | £9,540 to £19,200 | Serious food poisoning that is short lived. Vomiting and diarrhoea that lasts between 2-4 weeks with some remaining disturbance and discomfort of bowel function. | |
| (b) (iii) | £3,950 to £9,540 | Food poisoning that causes significant stomach cramps, discomfort, fatigue and an alteration of bowel function. Symptoms will last for a few weeks and hospital admission for a few days will be needed. However, a full recovery will be made within 1-2 years. |
Information On Special Damages
Special damages compensates for the financial effects of your food poisoning. Some financial effects which you may experience due to food poisoning include:
- Loss of earnings for not being able to go to work due to your illness.
- Travel costs for needing to attend medical appointments.
- Medical expenses, such as costs for medicine.
Because special damages are not always awarded for a successful personal injury claim, it is important to show evidence of the financial losses you have suffered due to your illness. Proof can be in the form of bank statements, receipts, payslips and invoices.
Contact our advisors for more about personal injury compensation and how it is calculated.
How We Can Help With Catering Food Poisoning Claims
Our personal injury solicitors can represent catering food poisoning claims under No Win No Fee terms, if they are eligible. Specifically, if you are connected with one of our solicitors, they can offer a Conditional Fee Agreement (CFA).
A CFA allows you to not have to pay for your solicitor’s work before or during the claims process, or if you are unsuccessful.
Instead, if you are successful, your solicitor will take a success fee. A success fee is a percentage of your compensation. The law puts a maximum cap on what can be taken as the success fee percentage to allow you to receive most of your compensation.
How To Contact Our Team
Contact our team today if you wish to make a personal injury claim on a No Win No Fee basis after contracting food poisoning because a catering supplier has breached their duty of care towards you. They can help you and give you advice about what to do. Here are the different ways you can speak with an advisor:
- Call 0800 073 8804.
- Ask about your claim online by completing our form.
- Type a message in our live support chat box.
Further Information On Personal Injury Claims
Here are some similar guides of ours which may help you in the catering food poisoning claims process:
- Learn to make a food allergy claim with a solicitor if you were wrongfully served a food that you stated you were allergic to.
- Find out whether you can claim compensation for somebody else if someone you know has suffered harm due to a breach of duty.
- See how much compensation you could claim for a waiting staff injury that has been caused because of your employer breaching their duty of care.
Here are some extra resources:
- Food Standards Agency – A food safety management pack for businesses.
- Gov.UK – A food businesses responsibility to report a food safety incident and the number for the food incidents helpline.
- NHS – Information on children’s food safety and hygiene to prevent illness.
Thank you for reading our guide on catering food poisoning claims. Our advisors are available 24/7 for a free consultation on your potential case. Call the number above for further guidance.
