A Guide On How To Claim Food Poisoning Compensation
By Stephen Moreau. Last Updated 29th May 2024. When you treat yourself to a takeaway or a meal out, you should at least expect the food to be safe to eat. There are food regulations that all food providers and suppliers must follow. If safe food standards are not met, then a customer could potentially get food poisoning.
This guide will help you if you are looking to make a food poisoning compensation claim. We discuss what the claims process involves and what you would need to prove in order to be eligible for food poisoning compensation.
We also look at instances of how food poisoning could be contracted due to unsafe food standards and what types of food poisoning you could potentially claim compensation for.
Furthermore, you might be wondering how much compensation could be awarded for successful food poisoning claims so we look at how settlements are calculated to address the different ways you have been impacted.
If you have suffered food poisoning, please don’t hesitate to speak to us today. You can explain your circumstances to our team of advisors and they might be able to connect you to our panel of No Win No Fee solicitors who can help you through the claims process with no upfront or ongoing fee for their work. Here is how to contact us for free:
- Call 020 3870 4868.
- Submit details of your possible claim online.
- Message in our live chat feature.
Jump To A Section
- What Are Food Safety Standards?
- How To Claim Food Poisoning Compensation
- Types Of Food Poisoning You Could Claim For
- How Much Compensation For Food Poisoning Can You Get?
- Why Choose A No Win No Fee Solicitor To Help You Claim Food Poisoning Compensation?
- Further Compensation Claim Resources
What Are Food Safety Standards?
The Food Safety Act 1990 provides a framework for all food legislation regarding food safety in England, Scotland, and Wales. It also sets out the main responsibilities food businesses have. This includes making sure they don’t include anything in or remove anything from food or treat food in a way that means the health of the people eating it will be damaged. Anyone who supplies food for public consumption owes a duty of care to the public to safely store, handle, prepare, and cook food.
In addition, the Food Standards Act 1999 establishes the Food Standards Agency (FSA), an independent government department that enforces food safety in the UK. They can take action against food businesses while acting in the interest of the consumer at any stage of the food production and supply chain.
If a food business, such as a catering provider, restaurant, or café, failed to adhere to food safety laws, they could be held liable for any food poisoning customers contract as a result.
Thus, to be eligible to claim food poisoning compensation, you must show that the below criteria apply to you:
- The food provider owed you a duty of care as they supplied or sold you food.
- The supplier breached their duty of care to you by supplying food which was not safe and which caused an illness.
- Your illness was a direct result of the breach.
Our team of advisors can confirm whether you are eligible to begin a food poisoning claim. Call today to get a free case assessment and ask any questions regarding your eligibility to claim compensation.
How To Claim Food Poisoning Compensation
Firstly, you should confirm whether you have an eligible personal injury claim for food poisoning compensation. In order to prove your case meets the eligibility criteria mentioned above, you should collect any relevant evidence that can substantiate your claim, such as:
- Pictures of the food you ate
- Medical reports confirming any food poisoning you had
- Witness contact details from anyone who ate with you and can provide a statement to corroborate your version of events
- A diary detailing symptoms you experienced, physical and emotional
If you do have an eligible claim, you can then decide whether you want to instruct a solicitor to work with you. Whilst having a solicitor is not necessary when you are pursuing a compensation claim, having one is extremely useful and can make the claims process a lot simpler for you.
As part of their service, our panel of solicitors can help you gather evidence to support your case, ensure your settlement is valued fairly and accurately, and keep you updated at each stage of the claims process.
Find out whether you could claim food poisoning compensation with a specialist solicitor from our panel by calling the number above.
Types Of Food Poisoning You Could Claim For
Food poisoning, according to the NHS, is an illness caused by eating contaminated food. Common symptoms of food poisoning are:
- Feeling sick (nausea) and being sick (vomiting).
- Diarrhoea.
- Fever.
- Stomach cramps.
- Feeling unwell in general (fatigue, etc.).
It can take from a few hours to a few weeks for symptoms of food poisoning to take effect. There are also different types of bacteria that cause food poisoning including salmonella, norovirus, E.coli and Campylobacter bacteria, which is the most common cause of UK food poisoning.
Here are some possible ways how a failure to adhere to food safety standards could cause you to contract food poisoning:
- Undercooked food. Where food, specifically meat, was not cooked at the right temperature for long enough.
- Poor hygiene standards. For example, if the chefs did not wash their hands before preparing your food.
- Cross contamination. For instance, if kitchen equipment (such as a knife) was not washed before cutting raw vegetables after using it for raw meat.
Discuss with us today what the possible cause was of your food poisoning and see if you can make a compensation claim.
How Much Compensation For Food Poisoning Can You Get?
The amount of food poisoning compensation that could be awarded for successful claims depends on the value of general damages and whether you can claim any special damages as well. These are the two heads of claim that address the different ways you have been impacted and make up the overall settlement you could be awarded.
General damages provide compensation for the physical and psychological effects of the food poisoning you’ve experienced. The exact amount awarded will depend on factors such as how severe your pain and suffering has been and how long your recovery is.
Those responsible for valuing your claim may refer to the Judicial College Guidelines (JCG). The JCG is a publication containing guideline compensation values for different illnesses and injuries.
Some of these guideline compensation values which may apply to food poisoning claims have been included in the table below.
Since every claim will be different, this table is only intended as a guideline. Take note as well that the first entry is not based on any figures found in the JCG.
| Injury | Severity | Guideline Compensation Values | Comments |
|---|---|---|---|
| Multiple serious illnesses with special damages | Serious | Up to £500,000+ | An award to address the pain and suffering of multiple serious illnesses and the financial costs incurred as a result. For example, losing wages and paying for medication. |
| Bowel | Double incontinence (a) | Up to £224,790 | Complete loss of natural bowel and urinary function along with other medical complications. |
| Complete loss of natural function (b) | Up to £183,190 | The person will depend on a colostomy, the award will depend on the person's age. | |
| Digestive system - Illness/damage resulting from non-traumatic injury e.g. food poisoning | Severe toxicosis (i) | £46,900 to £64,070 | Serious acute vomiting, pain, fever, and diarrhoea that leads to hospital admission for some weeks or days. |
| Serious but short-lived food poisoning (ii) | £11,640 to £23,430 | Vomiting and diarrhoea that diminishes between 2-4 weeks with remaining discomfort and disturbance of bowel function over a few years. | |
| Food poisoning causing serious discomfort (iii) | £4,820 to £11,640 | The person will suffer stomach cramps, fatigue, and altered bowel function. Hospital admission for some days and symptoms lasting a few weeks. |
Special damages may be included to compensate for any financial losses or expenses that have occurred due to food poisoning. Examples of what may be covered under special damages include:
- Loss of earnings from having to take time off work.
- Travel expenses, such as buses or taxis to and from medical appointments.
- Professional care costs.
Special damages may not always be awarded for successful food poisoning compensation claims, whereas general damages will be. You’ll need evidence to claim special damages, which could include certain documents like receipts, bank statements, payslips, and invoices.
You can speak to our advisors for free today for more information on how compensation for food poisoning is calculated.
Why Choose A No Win No Fee Solicitor To Help You Claim Food Poisoning Compensation?
If you have an eligible food poisoning compensation claim and you choose to work with one of the No Win No Fee solicitors from our panel, they could offer their services via a Conditional Fee Agreement (CFA).
CFAs are extremely beneficial as they mean that you will not be charged for your solicitor’s services if your food poisoning claim is unsuccessful. Also, there are no upfront or ongoing charges.
There are also no direct out-of-pocket charges if your claim is successful for your solicitor’s services. Instead, your solicitor can keep a success fee from your compensation. Success fees are a small percentage. The maximum percentage that can be kept is legally capped to ensure that the majority of compensation is awarded to you.
Contact Us
Contact us for free today if you have suffered food poisoning and believe that a food supplier was liable. Our team can assess whether you’re eligible to claim food poisoning compensation and may connect you with a specialist solicitor from our panel to assist you. To find out more, you can:
- Call 020 3870 4868.
- Submit details of your possible claim online.
- Message in our live chat feature.
Further Compensation Claim Resources
Here are some of our other of our guides regarding personal injury compensation claims:
- How to make a food allergy claim if you have suffered an allergic reaction.
- A general guide on making public liability claims after a public place accident.
- Find out what the personal injury claims time limit is.
Resources which might be of help:
- NHS – Advice on how to treat dehydration and when you should seek medical attention.
- Food Standards Agency (FSA) – How to report a food crime.
- Gov.UK – How you could possibly claim Statutory Sick Pay (SSP) for missing work due to the effects of your illness.
We hope this guide on how to claim food poisoning compensation has helped. If you have any further questions regarding the food poisoning claims process, please don’t hesitate to ring and ask us.
