Food poisoning compensation claims

Food poisoning is typically a bacterial issue. Some common forms of food poisoning include: 

• Salmonella
• E. coli 
• Campylobacteriosis (campylobacter bacteria is the most common cause of food poisoning in the UK)
• Norovirus (a vomiting bug)

Nausea, diarrhoea, vomiting, stomach cramps, fever and cold chills are all symptoms that may point to one of the above conditions. 

If you ate food from a cafe, restaurant, fast food outlet or any other business and it gave you food poisoning, it's worth having a chat with us about making a claim. 

We may be able to help you prove the business was negligent and this led to you becoming ill. 

It's useful to collect as much evidence as you can while the incident is still fresh in your memory. For example, you could: 

• Speak to other people who dined with you and see if they were also affected.
• Keep any remains of the food you ate and freeze it.
• Keep any receipts from when you bought the food.
• Keep receipts of any expenses that resulted from the illness.
• Take a food diary of everything else you ate for 24 hours afterwards, so we can rule out those as a possible cause.

A three-year period applies to most circumstances for making a claim, starting from the date of the incident or diagnosis.

Holiday food poisoning can be particularly frustrating. After spending your hard-earned money on a trip away, you don't want to spend any of it bedridden due to someone else's poor hygiene.

Sometimes food poisoning occurs abroad because an eating establishment left food out in a buffet area longer than they should have, prepared raw and cooked meat together, or washed fruit and veg in unsanitary water.  

If you get food poisoning overseas and have suspicions about what caused it, here are a few things you can do to strengthen your case:  

• See a doctor as soon as you can, whether that's on holiday or after you get back home. See if you can give a stool sample to help prove the cause.
• Write down the details about the food and drink you consumed, as well as how long it took for your symptoms to become evident and anything you ate between those times.
• Take pictures of the hygiene standards at the place where you ate. 
• With consent, get contact details from any fellow tourists who were also affected. 

Don't assume that just because you contracted food poisoning on holiday, you can't get compensation. You have nothing to lose by speaking to us about a holiday food poisoning claim and letting us give you our assessment. 

There are three ways you can get started.

1. Use our food poisoning compensation calculator to see what your claim payout could be. You can then leave your details with us to get back in touch. 
2. Call us on 0800 587 0344. Our lines are open 8am-9pm Monday-Friday, 9am-6pm on Saturdays, and 9:30am-5pm on Sundays.
3. Request a call back and let us know when you would like us to reach out.

You can in certain cases. You may be able to claim on behalf of a child as a 'litigation friend', at any point until their 18th birthday. Once the child turns 18, they will have until their 21st birthday to make a food poisoning claim for themselves. 

You could also act as a litigation friend for someone who lacks the mental capacity to claim for themselves. There is no time limit for this, but if they regain their mental capacity then the three-year limit will start from that date.  

Initially, we'll decide if we think your claim has a chance of success. If we do, we'll offer to help you take it further. The claims process from here is generally as follows: 

1. Your solicitor will make sure they have taken down all the important elements of your story. They may then ask for supporting evidence, such as photographs of the hygiene conditions, medical records and the contact details of any witnesses. 
2. They will then contact the party you are filing a claim against and inform them of the proceedings. 
3. The party will either accept blame or contest it. If they choose to contest, your solicitor will start negotiating. 
4. If you win the food poisoning claim, you'll receive compensation and a pre-agreed cut will go to your solicitor. If you lose while protected by insurance, there shouldn't be anything for you to pay. 

If we think you could make a successful food poisoning claim and you agree to let us present your case, we'll proceed on a no win no fee basis. This means that you won't have to pay us any legal fees if the case is unsuccessful. If you win, an agreed percentage of your compensation will be deducted as a success fee.

When you make a no win no fee claim with us your personal injury lawyer will take out insurance on your behalf that will cover all your claim costs and expenses including medical report fees, court fees and any barrister fees; so long as you comply with their terms and conditions, you won't have to pay any costs upfront, and there are no hidden surprises.

First and foremost, we'll try to settle your claim without a court process being necessary. If it does go that far, your solicitor will take care of it and keep you updated about how it's going.