Have you suffered from food poisoning due to the negligence of a third party? And can you prove that the food poisoning had a detrimental effect on your life, possibly for the long-term? If the answer to each of these questions is “yes”, then this guide is just for you. We’re covering important aspects of filing a compensation claim due to a victim suffering from food poisoning. Along the way, we handle a sample case study with one such victim receiving a settlement of £14,500.
Now, you can browse each of the sections by using the list of headings below. But you can also speak to our friendly team at any time. And this could put you into contact with our panel of personal injury solicitors, as they could handle your case. To get in touch, you can call 0161 696 9685, complete the contact form or leave us a message via our Live Chat.
Choose A Section
- A Guide To Claiming Compensation Payouts For Food Poisoning
- What Is Food Poisoning?
- How Can You Suffer Food Poisoning At Work?
- Food Poisoning In A Public Place
- How Can You Suffer Food Poisoning At A Restaurant?
- Personal Injury Compensation Calculation Broken Down
- What Are Special Damages?
- Case Study: £14,500 For Food Poisoning
- Get Your Free Legal Advice From Our Team Today
- Easy Explanation Of No Win No Fee Policies
- Chat With Our Specialists For Free Legal Advice
- More Resources And Guides On Food Poisoning
- Food Poisoning FAQs
In this article, we’re covering what food poisoning is and why it can be a serious illness. This means we also outline the symptoms to look out for, as well as the typical recovery period. As the guide goes on, we also detail three typical scenarios where you might suffer from food poisoning. Along with our case study, we explain the calculation process, along with a definition of general and special damages. And we outline the main benefits of No Win No Fee agreements, which could make the claims process much smoother.
Personal Injury Claims Time Limit
When it comes to filing any claim, you have a maximum window of 3 years. Note that this doesn’t relate to when a settlement may be reached or when a case reaches court. It’s simply with regards to when you decide to take legal action. Otherwise, you may not be able to receive compensation even if you can conclusively prove the wrongdoing of a third party. Also, note that the 3-year window begins from the date of the incident causing food poisoning or the date of knowledge. This is in the event of you only discovering at a later date that you have or had food poisoning. There are exceptions of course. Message us for further information about this particular subject.
Food poisoning is an illness which could arise when a person eats contaminated food. It could only be one small ingredient of the food in question that has been contaminated, and most likely unintentionally. The contamination itself may be from a bacteria, such as salmonella or E.coli, or a virus such as norovirus. The usual symptoms of food poisoning are diarrhoea, nausea, vomiting, abdominal pain, headaches, dehydration and a fever.
Now, the good news is that food poisoning is usually only a minor situation. You may suffer from these symptoms for a couple of days, but after that, you should recover fine. Nevertheless, you could still claim for compensation if food poisoning occurs due to another person’s carelessness. (We’re covering how you can prove this in the next section.) If you wish to know more about food poisoning, please contact our helpful team at any point.
If you’re going to make a claim following food poisoning, you need to prove a third party’s negligence. And to do this means meeting these 3 points of criteria:
- A third party was responsible for providing you with a duty of care;
- But somehow, a breach of this duty of care took place;
- And as a result, you were harmed, with food poisoning being one such consequence.
And this could potentially happen at work, which relates to employers’ liability (EL). The Health and Safety at Work etc. Act 1974 states the duty of care for employers to follow to maintain the health and safety of their workforce at all times. A potential workplace accident may be that you eat canteen food that has been undercooked, leading to you suffering food poisoning. And that demonstrates negligence due to the catering team. If the canteen is owned and operated by your employer this may be seen as employer negligence. This could pave the way for a compensation claim in the aftermath of you suffering from food poisoning. Please call us up if you want to find out additional information.
Food poisoning could also come in a public place. This is where the term public liability (PL) comes into play, as it covers incidences in public places. Those controlling a public space should work towards preventing an issue in a public place.
A possible example here is someone becoming ill after consuming food bought in a supermarket. And this could be the negligence on which a claim is based if the victim is able to prove this. You can speak with a member of your expert team if you need to know more about such scenarios.
One may think that they are secure from suffering food poisoning at a restaurant. The highly-qualified team of chefs, along with the reputation of the restaurant, should preclude such an illness from developing, right? Well, not necessarily. It only takes one oversight for contaminated food to be used for a meal. And the consequence of this could be a customer suffering food poisoning. In fact, it might not even be the catering team who show carelessness. Perhaps it’s the supplier of the ingredients who is providing food that hasn’t been sufficiently checked prior to delivery.
Contact us if you wish to enquire about a situation such as this.
As you can see, then, there are various scenarios which could lead to food poisoning. Once you know which area applies to you, that’s when you can consider initiating the claims process. As part of this, you will be invited to a medical assessment. That’s because, even if you’ve been checked previously, your case needs a complete and recent assessment. A doctor could determine the extent of your illness. And that could increase the viability of your claim for compensation.
At this stage, we could then figure out what you’re able to claim for. The monetary amount depends on the outcome of your medical check due to the impact on you. Other influences on your potential settlement include evidence you have as well as your own circumstances. Crucially, your estimate has to be unique to your situation. And that’s why we choose not to use an online personal injury claims calculator. Because we don’t want to rely on guesswork, as we prefer offering accuracy and feasibility to any compensation calculation estimate.
Now, the settlement estimate itself consists of two major parts. Special damages are the focus of the next section, but let’s talk about general damages. These handle the pain and the suffering you’ve had to endure. But they don’t just refer to the physical impact of your illness. They could also be in relation to any mental anguish that is the result of you being ill. Simply put, general damages focus on the immediate fallout. Please speak to us if you need extra advice when it comes to general damages.
Now, we come onto special damages. So, these are in reference to the subsequent financial consequences of your suffering from food poisoning. Any time off work without sick pay is a key example. Other elements may be medical expenses, as well as the costs of using public transport for hospital visits. And it could be that, in a severe case, you require aftercare to look after you while you recover.
The value of the special damages could vary depending on how badly you’ve been impacted by food poisoning. And we should also note that, where applicable, you should try to produce receipts and invoices for each element. Doing so could only support the strength of your case for food poisoning compensation. If you want to ask any questions about special damages, simply telephone us by using the number on top.
Mr Carden, 32, worked in finance. On his evenings and weekends, he also contributed to a website where he reviewed various things. These included reviewing meals at restaurants of all sizes and styles. So, Mr Carden could tell when a meal was to a high standard and when it wasn’t. Even so, he wasn’t prepared for one dish that had terrible consequences.
One weekend, Mr Carden and his wife ate out at a well-known restaurant in the capital. The couple were sampling shellfish, with a new variance having been added to the menu. But within a few hours of eating the shellfish, Mr Carden began to feel unwell. He was experiencing headaches as well as having abdominal pain and feeling nauseous. By the end of the day, he was also experiencing diarrhoea.
Come the following morning, Mr Carden had begun vomiting, and his other physical pains left him bed-ridden at home. His wife called for an ambulance, and he was taken into hospital. Mr Carden still felt he’d be okay in due course, but this wasn’t the case. He ended up having to stay in hospital for several weeks.
The impact of the food poisoning had left him with some lasting effects. Mr Carden still had bowel issues which remained with him for a good while. There was also a long-term impact on his sexual functions, thus hindering his sex life. And Mr Carden also questioned whether he could enjoy specific foods moving forward, despite having reviewed many dishes for numerous years. This led to him hiring a dietitian to ensure he could eat with safety and enjoyment in the future.
In the aftermath, Mr Carden conducted some research. He realised that his problems stemmed from the shellfish, but there was more to it than that. Mr Carden learned that others had also complained about suffering food poisoning at the restaurant. What’s more, a quick online search provided evidence of the establishment failing a health and safety check just weeks earlier. That they remained open at all was shocking given what he had learned and what he himself had gone through.
So, after speaking with a personal injury solicitor, it didn’t take Mr Carden long to take legal action. He filed a claim against the restaurant based on their negligence causing him to suffer food poisoning. Mr Carden received £14,500 in compensation: £9,950 was in general damages, and the other £4,550 was in special damages.
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Lost earnings during his month off work||£3,000|
|Medical Costs||Costs of medication during his recovery||£100|
|Transport Costs||Costs of using public transport for hospital visits||£100|
|Dietitian Costs||Costs of hiring a dietitian to help him to alter his diet during recovery||£500|
|Other Costs||Additional costs of him suffering food poisoning||£250|
|Carer costs||Wife took time away from work||£600|
We should point out that this is not a real story. It should be used solely as a guide for what could transpire if someone suffers food poisoning.
Our specialist team can advise you free of charge as part of the initial consultation. We recognise that a food poisoning claim is a real commitment for everybody playing a part in the legal process. This means that you should be aware beforehand of exactly what you need to do, and the time it takes. Therefore, we feel it’s only fair for a potential claimant to receive as much guidance as possible prior to filing legal action. That way, you have more knowledge and confidence when the time comes that you do decide to file a claim. To ask any questions, simply leave us a message on our Live Chat feature.
You see, if your food poisoning case wins, then you do indeed pay your personal injury solicitor’s legal fees. These come in the form of a success fee, a figure which has a legal cap to ensure fair proportionality of payments. But if your case loses, then your personal injury solicitor doesn’t receive anything from you. In other words, they must win your case if they expect to receive any payment. That’s a real incentive for them to win, which can only be to your benefit. Plus, you don’t pay anything up-front or while a case is ongoing, further reducing the potential financial risk. Call us today to discuss the notion of working with a No Win No Fee solicitor in further detail.
With all of that being said, now we want to hear about how you suffered. Did it happen due to the negligence of somebody else? If so, what symptoms did you suffer from, and how long did it take you to overcome them? And crucially, do you feel that you have sufficient evidence to support a claim for you to receive compensation? If all of these questions apply to you, then we want to help you. Our panel of personal injury solicitors could handle your case so that you receive the correct compensation due to your suffering.
So, to get in touch with our advisors, you have three options. Firstly, you could telephone us on 0161 696 9685. Secondly, you could leave us a quick message on our 24/7 Live Chat in order to receive an instant response from us. And thirdly, you may wish to provide a more in-depth explanation of your situation on our contact form. Note that you don’t have to pursue a claim just because you’re communicating with our advisors.
This guide has been covering all aspects of compensation claims in the aftermath of food poisoning. But maybe you wish to know more information about this topic. That’s why we have a list of additional research links for you to check out.
We also go into further detail on compensation settlement estimates.
On that note, we break down compensation calculators as a whole.
The NHS website also has a page covering food poisoning in great depth.
They explain poisoning in general,
And the Food Standards Agency discusses how you can report food poisoning.
How long does it take before you begin to suffer from food poisoning?
it could take anything from a few hours to a day for symptoms to have an impact.
What if I think food poisoning might be indicating a separate health problem?
It’s advisable to consult with a doctor if you are concerned over anything.
Does food poisoning develop in stages?
Oftentimes, food poisoning progresses with you having diarrhoea, nausea, abdominal pain, a headache and a fever.
Could you sue for food poisoning?
Yes, if you can prove that a third party’s negligence is the primary cause of your food poisoning.
Page by KG
Published by AL.