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Personal Injury Law > Food poisoning compensation

Food poisoning compensation claims

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If you’ve become ill after eating food in a restaurant, a café or from a takeaway then it may be possible for you to make a claim for personal injury compensation. Read on to find out more about food poisoning and how our solicitors can help you.

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Whenever you buy a meal in a restaurant, get lunch in a café or grab a quick bite to eat from a takeaway you expect the food you’ve bought to be safe to eat. However, there are still several cases of food poisoning reported every year across the UK where individuals or groups of people become ill after eating contaminated prepared food.


If you eat food contaminated with bacteria or other harmful micro-organisms and you get food poisoning, then it may be possible to make a claim for food poisoning compensation against the establishment that served the food.


Here at Canter Levin & Berg Solicitors, our Personal Injury Solicitors can help you to make your personal injury claim on a no win no fee basis. Call us now on 0151 239 1000 and start your food poisoning compensation claim today.


What is food poisoning?


Food poisoning is a condition that occurs when food contaminated with toxins, harmful bacteria or other micro-organisms is eaten. There are a huge number of micro-organisms that can cause food poisoning, but most cases involve food that has been contaminated with bacteria such as salmonella, E. coli., listeria and campylobacter or viruses such as the norovirus.


The number of cases of food poisoning each year varies, but Campylobacter, the most common bacterial cause of food poisoning, which is often found in contaminated chicken and other poultry, is thought to affect around 280,000 people each year.


The symptoms of food poisoning usually occur between 24 and 72 hours after you have eaten the contaminated food although you can experience a reaction to some toxins more quickly.


Typically, someone suffering from food poisoning will have symptoms that include feeling sick, vomiting, having stomach cramps and diarrhoea. Whilst most people who suffer from food poisoning will recover within a few days and won’t need any special medical treatment, there are occasions when it can be more severe.


If very young children or elderly people suffer from food poisoning, or if the sufferer loses a lot of fluids, it might be necessary for them to go to hospital, which will usually involve rehydration treatments.


What causes food contamination and are some foods more at risk?


Some foods carry with them a higher risk of food poisoning than others. Foods that are particularly susceptible include raw meat, poultry and fish, raw eggs, raw shellfish, unpasteurised milk and some ready to eat foods such as pre-packed sandwiches, cooked meats and soft cheeses.


Food can become contaminated with a harmful micro-organism liable to cause food poisoning in a number of ways, for example:


  • Foods that aren’t cooked thoroughly, such as poultry, pork, burgers, sausages and kebabs. This particularly affects foods cooked on a BBQ.

  • If food has not been stored in a chilled environment before it is needed.

  • Food that has been cooked is kept warm for too long.

  • If the person preparing the food doesn’t wash their hands beforehand, or they prepare food for other people whilst ill.

  • Eating food that has past its ‘use by’ date is another leading cause of food poisoning.

  • Contamination from one food can be transferred to other foods if basic hygiene and food preparation instructions aren’t followed, such as keeping cooked and uncooked meats separate.

Food contamination can occur in any location where food is prepared, whether that’s in a burger van at a football stadium, the galley on a cruise ship or even the kitchen of a top restaurant. In recent years, cases of food poisoning affecting a large number of people have been reported in almost every kind of setting where food is served or bought.


Can I make a personal injury claim if I’ve had food poisoning?


If you are struck down by food poisoning from food you have bought at a restaurant, a café, a takeaway or at a supermarket, then it may be possible to make a personal injury claim for the pain and suffering you’ve endured. This includes making a claim if you suffered food poisoning whilst on holiday abroad or on a cruise, provided you were on a package holiday booked through a UK-based company.


To make a successful claim for food poisoning compensation, you must be able to establish that it was the food you bought from a particular business that led to your illness. If you visit your GP or a local hospital for treatment, you should make sure that you tell them you think you might have food poisoning, as they will make a note of this on your medical records which may be referred to later as part of a personal injury claim.


You should also keep receipts from supermarkets and cafés or a copy of the bill from a restaurant, as these can be used as evidence in your claim. In addition, it can be useful to provide your solicitor with details of anyone else who ate the same food as you, or who was present when you bought the food as they may be able to provide a witness testimony in support of your claim.


Start your food poisoning compensation claim today


If you’ve become ill after eating contaminated food bought from a restaurant, a café, a takeaway or a supermarket, then you may be able to claim food poisoning personal injury compensation.


To find out if you can make a claim, call our claims advice team on 0151 239 1180, or use one of the forms here on our website and a member of staff will call you back to discuss your case and to advise you about your legal options.

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