Wherever you take your holiday in the world, being sick is the last thing you want to experience. Unfortunately, food poisoning can turn a dream holiday into a nightmare. What you may not know is that you could make a claim for food poisoning on holiday.
If you’re seeking personal injury compensation after food poisoning on holiday, this guide can help. We will detail what food poisoning is and the most common types (and causes) of food poisoning abroad. Additionally, we explain how making a claim can help compensate for the pain, suffering, and financial impact of getting sick on holiday due to food poisoning.
We also detail the proactive steps you can take to build a strong compensation case and the time limits you have to launch a claim. The final section details how our solicitors could help by providing No Win No Fee terms to launch a compensation claim with no initial or ongoing legal fees.
Are you interested in discovering whether you have a valid claim for food poisoning on holiday right now? You can speak to our dedicated team of advisors for a no-obligation review of your claim:
- Call us on 0800 073 8804.
- Connect with us via our Contact us page.
- Open the small tab below to ask a question about how to claim for food poisoning on holiday.
Frequently Asked Questions
- Am I Able To Claim For Food Poisoning On Holiday?
- What Is Food Poisoning?
- What Types Of Food Poisoning Are Most Common Abroad?
- How Is Food Poisoning Caused?
- What Package Holiday Food Poisoning Compensation Can I Get?
- Can I Claim For Any Financial Losses Caused By The Food Poisoning?
- What Should I Do If I Think I Have Food Poisoning On Holiday?
- Am I Able To Start My Claim Whilst Still On Holiday?
- What Can A Conditional Fee Agreement Do For Me?
- More Information
Am I Able To Claim For Food Poisoning On Holiday?
Yes, you could claim if someone else was at fault for you suffering food poisoning while on a package holiday. On package holidays, providers have an obligation to provide reliable, safe, and correctly described services to those paying for them. These responsibilities are detailed in the Package Travel and Linked Travel Arrangements Regulations 2018.
To have a valid food poisoning on holiday compensation claim, you need to be certain that you meet certain eligibility requirements, namely:
- You were owed a duty of care by the package holiday tour operator at the time and place of illness.
- The tour operator failed to adequately meet their duty of care to you.
- The food poisoning was the result of this breach.
The claim may not be made against the hotel, restaurant, or food establishment that made you ill but rather the tour operator who vouched for them. So, if you feel that you have valid grounds to proceed with a claim for food poisoning on holiday, please keep reading.
Will The Country I Visit Affect My Claim?
A compensation claim could be different if you were made ill by a service that wasn’t part of the package deal. However, if food is included, the onus is very much on the package holiday provider to provide services that meet the required safety standards.
So, if you suffer food poisoning from an excursion that was part of the package holiday, the tour operator could be liable for your food poisoning injuries. Call if you’re unsure, and the team will clarify your options.
What Is Food Poisoning?
Food poisoning is when food or drink contaminated by bacteria, parasites, or viruses makes a person ill. According to the NHS, food poisoning is not often serious and can be recovered in a matter of days with rest and plenty of fluids. It can be more concerning in babies and small children, and it’s important to monitor symptoms carefully.
How Can I Know If I Have Food Poisoning?
You might know you have food poisoning if you start to suffer symptoms such as:
- Nausea
- Vomiting
- Fatigue
- Chills or raised temperature
- Significant abdominal discomfort
- Altered bowel function
- Stomach cramps
- Diarrhoea
It is possible to experience a combination of these symptoms with varying degrees of severity. If you suffered food poisoning on holiday, you could have solid grounds to seek compensation from the tour operator responsible, so chat with our team to learn more.
What Types Of Food Poisoning Are Most Common Abroad?
Different types of food poisoning are more common abroad due to variations in climate and food safety standards. We explore the most commonly encountered:
- Salmonella: Commonly found in raw eggs and undercooked poultry.
- Norovirus: A common form of foodborne illness that causes stomach pain, diarrhoea and vomiting.
- Giardiasis: A parasitical infection that causes diarrhoea and abdominal cramps.
- Campylobacter jejuni: A bacterial infection that can cause illness for a prolonged period of weeks.
- Shigella: Transmitted through uncooked vegetables, salads and shellfish.
- Enterotoxigenic E. coli: A bacteria that causes the stomach to produce toxins which irritate the small intestinal tract.
There can be other forms of food poisoning, some of which might become life-threatening if not treated promptly. It’s important to seek medical attention for sudden and prolonged illness after eating and drinking. You can think about your claim options as you recover, and we can assist you with that if you get in touch.
How Is Food Poisoning Caused?
Food poisoning can be caused by several factors, including preparation issues and inadequate hygiene standards. The following are some examples of food poisoning causes:
- The hotel staff fails to clean a surface where both raw and cooked food is being prepared, allowing cross-contamination to occur.
- The poultry and meat at an outdoor barbecue are not cooked through properly, causing a holidaymaker to suffer nausea and vomiting.
- Whilst hosting a buffet at a Spanish restaurant, a tour operator leaves food uncovered for too long in the hot weather. Flies and insects land on the food, and several guests develop symptoms of norovirus.
- Refrigerated food on a tour-operated boat trip is left at room temperature for over 4 days. This failure to properly store the food allows bacteria to flourish, leaving several guests with serious gastrointestinal issues.
- Hotel staff do not follow appropriate hygiene standards and handle food without washing their hands. Consequently, multiple guests are left with food poisoning and long-term kidney damage.
- A hotel allowed a fast food van to serve kebabs and burgers on its premises that were not prepared, cooked, or stored correctly, and several people contracted food poisoning as a result.
Your example may differ, but the premise is the same. If you were made ill by food or drink provided as part of the holiday package you paid for, the tour operator could be liable to compensate you for the harm caused.
What Can I Do To Avoid Becoming Sick?
There are several steps you can take to reduce the chances of contracting food poisoning while on holiday, such as:
- Regularly washing hands and eating from clean surfaces.
- Checking that the food is cooked thoroughly before eating.
- Using a food thermometer to check food temperatures are safe.
- Making sure it is safe to drink the tap water or use ice cubes.
- Carrying medication for sickness and diarrhoea.
- Avoiding sharing utensils or containers.
- Telling staff about any concerns you have regarding food hygiene or preparation.
However, it’s important to remember that taking precautions may not be enough to offset negligent standards. You can discuss your experiences and how to claim food poisoning on holiday with our advisory team.
What Package Holiday Food Poisoning Compensation Can I Get?
You could get two types of compensation if your claim is successful: general and special damages. General damages consider the physical and psychological impact of your food poisoning injuries, including damage to the digestive system. Special damages, meanwhile, factor in any related financial losses.
Solicitors sometimes calculate general damages using a publication called the Judicial College Guidelines (JCG). This document provides suggested guideline figures for a variety of injuries.
We’ve put together a table using JCG entries for food poisoning below (except for the first line). It’s essential to stress that every claim for food poisoning is different, meaning this table does not represent a guarantee of how much compensation you could receive.
Award Brackets
| Harm | Severity | Compensation |
|---|---|---|
| More than one form of very severe harm and special damages, awarded for lost earnings, medical treatments, and ongoing care. | Severe | Up to £1,000,000 plus |
| Brain | Very severe | £344,150 to £493,000 |
| Moderately severe | £267,340 to £344,150 | |
| Kidney | Both kidneys seriously, permanently damaged or lost | £206,730 to £256,780 |
| Total loss of natural kidney function | Up to £78,080 | |
| Bowels | (a) Double incontinence | Up to £224,790 |
| (b) Complete loss of function | Up to £183,190 | |
| Digestive system | Severe (i) illness from non-traumatic injury, such as food poisoning or allergic reaction | £46,900 to £64,070 |
| Serious (ii) | £11,640 to £23,430 | |
| Significant (iii) | £4,820 to £11,640 |
Our team are here to help, so feel free to get in touch if you have any questions about compensation.
Can I Claim For Any Financial Losses Caused By The Food Poisoning?
As mentioned, you claim for special damages if you experienced financial harm after suffering from sickness on holiday. You will need evidence such as:
- Proof of medical costs for any treatments and medicines.
- Wage slips showing the impact on your ability to earn.
- Receipts for amounts paid to others for domestic support.
- Travel expenses to essential appointments.
- Additional costs for childcare arrangements.
Evidence like this can be used to calculate special damages compensation both now and any costs or losses predicted in the future. Get in touch to see how our expert solicitors could calculate the compensation owed to you.
What Should I Do If I Think I Have Food Poisoning On Holiday?
If you think you have suffered food poisoning on holiday, the first thing to do is seek medical attention. Whilst over-the-counter remedies are sometimes sufficient, food poisoning can often start as mild nausea or raised temperature and worsen over a short period of time.
You should also inform your tour operator and others, such as hotel staff, as soon as possible. Whenever practical, try to gather evidence showing how others may have caused the food poisoning. This proof could include:
- Photographs of the meal, serving area, or menu.
- A small sample of the food that you believe made you ill.
- The contact details of anyone who could support your version of events.
- A confirmation that the restaurant, bar, or buffet was part of the package holiday deal.
- Copies of the tour operator’s terms and conditions.
- The findings of any medical professional who treated you.
Our solicitors can help you gather supporting evidence, including witness statements, to strengthen your claim. If you’d like to find out how they could help your claim for food poisoning on holiday, feel free to speak to our advisory team.
Am I Able To Start My Claim Whilst Still On Holiday?
Yes, you can initiate a personal injury claim for food poisoning, even on holiday. In the UK, there is a time limit for starting a claim of 3 years, as detailed in the Limitation Act 1980. This time frame typically starts from either the date of the initial injury (immediate sickness) or the date that you fell ill and connected food poisoning with negligent standards (date of knowledge).
However, as we touched on, time limits can vary by country, so it’s best to seek legal advice concerning your specific circumstances. Moreover, time limits do not apply to those under 18 and individuals who lack sufficient mental capacity since they cannot legally launch personal injury claims by themselves.
In either case, the time limit is paused unless certain conditions are met:
- Minors have 3 years to initiate a claim from the date of their 18th birthday.
- Individuals with a mental incapacity are only subject to the 3-year time limit if their ability to launch a claim returns independently. This time limit will start to run down from the date of recovery.
Alternatively, a litigation friend can be appointed to claim on their behalf while the limitation period is paused. This role can be filled by a parent or another concerned party, such as a solicitor.
For further details about litigation friends and time limits, please contact the advisory team using the options below.
What Can A Conditional Fee Agreement Do For Me?
A Conditional Fee Agreement (CFA) is a type of Win No Fee contract which helps you use the services of a solicitor without the prospect of mounting fees for their work. Under a CFA, you can access legal representation without upfront or ongoing solicitor fees. Furthermore, no fees are owed to the solicitor for finished work if the claim fails.
If the claim outcome is in your favour, a CFA solicitor only deducts a small and pre-agreed percentage from the compensation as their success fee. This fee is agreed upon at the start, and the percentage is subject to a legal cap, ensuring you benefit the most from any compensation payout.
Legal Expert’s No Win No Fee Solicitors
If the case qualifies, you can expect a wealth of excellent legal services such as:
- Immediate legal representation to start your claim within the time limit.
- Solid calculations of exactly what is owed to you now and potentially in the future.
- A robust defence of your best interests at all times.
- Total control of the communication with the other side.
- A professionally represented claim at all times.
Additionally, they will explain legal jargon and guide you through the personal injury claim process. You don’t have to use the services of a solicitor to launch a claim for food poisoning on holiday, but we always recommend seeing how you could benefit.
Why not take a moment to speak with our advisors about how to claim compensation with the help of our specialist solicitors? You can:
- Call us on 0800 073 8804 for a free initial consultation.
- Connect with us via our website and Contact us online.
- Open the small tab below to ask a question about how to claim for food poisoning on holiday.
More Information
The focus of this guide was how to claim for food poisoning on holiday. These others explore other topics:
- Discussing public liability claims more broadly.
- Looking at abdominal injury claims.
- Claiming for an injury on day trips.
External resources to help:
- Government guidance for businesses concerning linked travel obligations.
- Food Standards Agency advice about food poisoning.
- Getting treatment for illness abroad.
We hope this guide on making a claim for food poisoning on holiday has been useful.
