Food poisoning
Food poisoning claim
If you would like to speak to a solicitor about a possible food poisoning claim please contact 0870 143 0970 or email enquiries@rjw.co.uk
Our lawyers have successfully claimed compensation for a number of clients over the years who have suffered from severe food poisoning caused by infection by a variety of bacteria including Salmonella, Listeria, Campylobacter, E. Coli 0157 and the Hepatitis A virus.
Typical signs and symptoms of food poisoning
Over half a million people suffer from severe bacterial or viral food poisoning in the UK each year. Millions more are estimated to suffer minor symptoms associated with food poisoning infection. If you are one of them, make your food poisoning claim now.
• Diarrhoea
• Vomiting
• Fever
• Stomach cramps
Repeated vomiting and diarrhea from food poisoning can dehydrate a person rapidly. The elderly and the very young are at particular risk from serious injury due to dehydration. Urgent hospital treatment can be required for severe cases of infection.
NHS Direct has more information.
Likely reasons for food poisoning
• inadequate cooking to kill food poisoning bacteria
• improper storage of foods that are a potential source of food poisoning bacteria
• cross contamination of bacterial infection from food to food
• poor hygiene standards
More information can be found at the Food Standards Agency.
The law and your food poisoning claim
Consumer Protection Act 1987 – this is a very useful law which makes it easier to bring food poisoning claims. The Act says that the food retailer must sell a product which is free from harmful bacteria which could cause food poisoning. If you can establish the source of the food poisoning infection then the law imposes a “strict liability” rule on the offending restaurant, shop or supplier. Unusually, you do not need to prove that anyone was negligent, only that:
• the food was not safe (it contained food poisoning bacteria)
• you have been made ill (suffered food poisoning symptoms)
• the cause of the illness is the unsafe food (the infected food gave you food poisoning
You can sue any or all of the organizations listed below:
• Producer of the food
• Importers i.e. importers into the EU not just the UK
• Own-branders – e.g. supermarkets who put their own name on a product
Criminal law and food poisoning
Environmental Health Officers handle complaints about food quality, hygiene and safety issues that have caused food poisoning. They will investigate allegations and prosecute the food establishment if there is sufficient evidence.
Click on the link below to find your local Environmental Health Officer:
http://www.food.gov.uk/enforcement/laresource/yourarea/
Environmental Health Officers can gather evidence quickly using their statutory powers. Such evidence may be vital to your food poisoning claim.
Evidence for your food poisoning claim
If you have suffered from food poisoning then the cause may be something you ate two, three or even up to ten days ago. This can make obtaining evidence for your food poisoning claim difficult. However you can:
• Make a list of everything you ate in the previous 24 hours
• Keep the suspect food, if you still have it, in it’s packaging if possible
• Preserve the food (i.e. freeze it) but prevent contamination with other foods
• Keep all relevant receipts such as restaurant bills or supermarket receipts
• Take down names and contact details of possible witnesses
• Medical evidence from a gastroenterologist will be required to prove your illness and the extent of your recovery.
Claims can be difficult to pursue if the food poisoning bacteria have a long incubation period. But if you were one of large group who have been poisoned then your food poisoning claim will be easier to prove.
If you ate in many different establishments in a short period of time then it may be difficult to identify the source of the infection.
What to do if you think you have food poisoning
• Seek medical assistance
• Contact your local Environmental health department
• Stay off work or school for 48 hours or you may pass the illness to others
Our experience of food poisoning compensation claims
We have acted for a large number of clients who have suffered food poisoning over many years.
In a recent case we acted for a number of victims who contracted salmonella after eating at an East London restaurant. More than 160 people were poisoned and one of our clients was hospitalized for nearly a month. Unfortunately, he has neurological problems as a result of the severe dehydration he suffered.
Environmental health officers later closed down the A1 Kebabish restaurant in Newham.
We recognize that some cases can produce severe injuries and some are difficult to prove. We will carefully investigate your claim and advise you on the prospect of success.
How much compensation will I receive for my food poisoning claim?
Compensation is intended to put you in the position that you would have been in had the incident, i.e. food poisoning, not occurred. Compensation falls into two categories:
1. General damages for pain, suffering and loss of amenity - Money can not really compensate you for any pain you have suffered but it is accepted as the next best thing. Awards are based upon the extent of individual suffering compared to previous similar cases. Medical evidence from a gastroenterologist will be required to prove that you had food poisoning and the extent of your recovery.
2. Special Damages for out of pocket losses - If you have lost money through time off work, travelling costs or prescription charges this money should be recoverable. So keep detailed records of the money you have spent, including receipts, and any payslips or other proof of loss of earnings as evidence.
If you think you may have a claim, please call 0870 043 0970 or email: enquiries@rjw.co.uk
