How Can You Claim Compensation For Salmonella Poisoning?

Have you suffered food poisoning due to a food business failing to uphold their duty of care with regard to your health and safety? If so, you might be wondering ‘Can you claim compensation for salmonella poisoning?’. Our guide discusses when you could be eligible to make a food poisoning claim, how you can support your case with evidence, and how compensation for successful claims is calculated.

Additionally, we provide examples of how food poisoning could occur and the impact it could have.

Finally, we discuss how a No Win No Fee solicitor could assist you with your public liability claim without requiring upfront or ongoing costs.

For further guidance, please get in touch with our team of advisors using the contact details below:

  • Call on 0161 696 9685
  • Complete our contact form,
  • Talk to us via the live chat feature on this page.

A man holding his stomach after eating food contaminated with harmful bacteria.

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What Is Salmonella Poisoning?

According to the NHS, food poisoning can occur when you eat something that has been contaminated with germs. It is usually caused by different infections and harmful bacteria, such as campylobacter bacteria, salmonella bacteria, norovirus, and E. coli bacteria.

If you get food poisoning from salmonella, you could experience common symptoms such as:

  • Stomach cramps
  • Diarrhoea
  • Vomiting
  • Nausea
  • High temperature

Food poisoning could have a significant impact on you, including causing substantial pain and suffering and financial loss through having to take time off work to recover. Furthermore, severe food poisoning could require hospitalisation for a period of time.

In some cases, you could claim compensation for salmonella poisoning to address the way you have been affected. Read on to learn what eligibility criteria need to be met in order to make a compensation claim. Alternatively, contact us for information about food poisoning claims.

Who Is Liable For Salmonella Poisoning?

A framework for all food legislation in England, Scotland, and Wales is provided under the Food Safety Act 1990. This act also sets out the main responsibilities for food businesses including 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. The duty of care they owe applies during each stage of food preparation including when handling, storing and preparing.

Additionally, the Food Standards Agency (FSA) was established by the Food Standards Act 1999. The FSA is an independent government department that works to protect public health and consumers in relation to food in England, Wales, and Northern Ireland. The Act 1999 allows the FSA to take action against food businesses while acting in the consumer’s interest at any stage during the food production and supply chain.

If a food business, such as a restaurant, cafe, catering provider or other food retailer, failed to uphold their obligations under the Food Safety Act 1990, they could be liable for any food poisoning contracted by customers as a result.

Examples of how they could fail to uphold their responsibilities leading to salmonella food poisoning include:

  • Not cooking food or reheating food thoroughly.
  • Food not being stored at the right temperature, such as it not being frozen or chilled when required.
  • Cross contamination when mishandling foods. Examples of this could include handling raw chicken and then handling cooked products without washing hands in between.
  • Poor overall hygiene in a kitchen. This could involve not storing foods correctly in a fridge and cooked and raw products touching, food being dropped on dirty surfaces or cleaning not being carried out correctly.

Can You Claim Compensation For Food Poisoning?

In order for food poisoning compensation claims to be eligible, you must prove the following:

  • A duty of care was owed to you.
  • This duty was breached.
  • You suffered harm as a result, such as when you contract food poisoning.

The above points lay the basis of negligence in personal injury claims. You must provide evidence of negligence in order to seek compensation.

For further guidance on the question ‘Can you claim compensation for food poisoning?’, please get in touch using the number above.

Stacks of coins representing compensation amounts after a successful food poisoning claim.

How Do You Claim Compensation For Salmonella Poisoning?

When you make a personal injury claim, you need to show that the other party is liable for the harm caused to you. In this instance, you need to have evidence of how you became sick and the impact this has had on you.

Below, we have provided examples of the steps you could take to collect evidence which could help you when claiming food poisoning compensation could include:

  • Visit a GP surgery or hospital to seek medical advice. As well as looking after your own health, this creates a record of your diagnosis of salmonella poisoning from contaminated food and any treatment received.
  • Keeping a diary of your symptoms and what medical treatment you received.
  • Keeping a diary of what food and drink you consumed and where it was purchased on the day you became sick. Note down any food consumed within 24 hours prior to the onset of symptoms. This can help to identify what food may have caused the illness. You should also keep any relevant receipts as proof of purchase.
  • Reporting the food safety issue to the Food Standards Agency.

If you choose to instruct one of the personal injury solicitors from our panel, they can help you with gathering evidence to claim for food poisoning caused by poor hygiene standards.

Learn more about claiming compensation for food poisoning with a No Win No Fee solicitor by contacting our team today.

How Much Compensation For Salmonella Poisoning?

A compensation payout for food poisoning may be made up of two heads of claim after a successful food poisoning case. These are general damages and special damages.

General damages are designed to compensate you for the pain and suffering caused by the harm you experienced. In this instance, general damages may be awarded for the effects of salmonella poisoning.

In order to calculate this head of loss, reference can be made to a medical report from an independent medical assessment that you might need to attend as part of the claims process. Additionally, the guideline compensation brackets from the Judicial College Guidelines (JCG) can also be referred to.

You can find a selection of these figures in the table below, with the exception of the first entry. Please use the figures as a guide only.

Harm TypeSeverity LevelNotesCompensation
Multiple serious injuries plus financial lossesSeriousCompensation for multiple serious illnesses and financial costs incurred as a result, such as lost earnings, medical bills, and travel expenses.Up to and above £250,000
BowelsComplete loss of natural functionThere may be a requirement for a colostomy but this depends on age.Up to £150,110
Faecal urgency and passive incontinence The person experiences embarrassment and distress.In the region of £79,920
Digestive systemIllness/ damage due to non-traumatic injury (i)Severe toxicosis resulting in serious acute pain, vomiting, diarrhoea, and fever. The person requires hospital admission for a period of days or weeks. £38,430 to £52,500
(ii)Food poisoning that is serious but short-lived alongside diarrhoea and vomiting which reduces over 2-4 weeks. There is some remaining discomfort and bowel function disturbance.£9,540 to £19,200
(iii)Food poisoning that causes significant discomfort, cramps in the stomach, fatigue, and an alteration of bowel function. Hospital admission is needed for some days.£3,950 to £9,540

Claiming Compensation For Financial Losses Caused By Food Poisoning

In addition to general damages you could also be awarded special damages. This head of claim is designed to compensate you for any financial losses which have been incurred as a result of your injuries. Examples of what costs you could claim back include:

  • Medical expenses, including medication costs.
  • Travel expenses.
  • Loss of income and earnings.

Keep a record of any losses to prove them, such as receipts, payslips, and invoices.

Contact our team to find out more about claiming a food poisoning compensation payout. An advisor can also provide further guidance about whether you can claim compensation for salmonella poisoning.

Can You Claim Compensation For Salmonella Poisoning On A No Win No Fee Basis?

If you’re wondering ‘Can you claim compensation for salmonella poisoning with a No Win No Fee solicitor?‘, our team could help. They can assess your case and if you’re eligible to seek compensation, they could connect you with one of the specialist food poisoning solicitors from our panel. They can provide their services via the terms of a No Win No Fee agreement called a Conditional Fee Agreement (CFA).

Under a CFA, you do not need to make upfront or ongoing payments to a solicitor for their services. In the event that your claim is successful, your solicitor will deduct a small success fee from your compensation. This is taken as a legally capped percentage. If the claim is not successful, you will not be charged a success fee.

For more information on claiming compensation for a food poisoning with a No Win No Fee solicitor, call our team on the contact details below:

A solicitor helping a client claim compensation for salmonella poisoning.

More Resources About Food Poisoning Claims

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We hope this guide has answered the question ‘Can you claim compensation for food poisoning?’. If you have any other questions, please get in touch with an advisor on the number above.