Whether dining at a restaurant, buying food from a cafe or takeaway or visiting any other type of food outlet, you should expect the food to be safe to eat. If you contracted an illness due to the negligence of others you could make a food poisoning compensation claim.
In this guide, we start by looking at when you could be eligible to claim for food poisoning. Next, we look at how settlements may be calculated and why the average compensation for food poisoning might not be that helpful to you. Following this, our guide looks at potential causes of food poisoning and presents a case study.
At the end of this guide, you can find information on whether you could claim as a group and how one of our panel of personal injury solicitors could help you.
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Browse Our Guide
- Am I Eligible To Make A Food Poisoning Claim?
- Average Compensation For Food Poisoning
- Common Causes Of Food Poisoning
- Case Study: £12,000 E.Coli Poisoning Compensation
- Several People Got Food Poisoning After An Event – Can We Claim Together?
- How To Start A Food Poisoning Claim
- How Our Panel Of Solicitors Can Support Your Claim
- More Information
Am I Eligible To Make A Food Poisoning Claim?
Before we look at how much compensation you could claim, we will examine the relevant eligibility criteria. Anyone who supplies food to the public has a duty of care to ensure that they prepare, cook, handle and store food in a safe manner.
There are several pieces of legislation which are designed to protect consumers purchasing food. The primary piece of legislation in England, Scotland and Wales is the Food Safety Act 1990. This act provides a framework for all food safety legislation. The FSA sets out business responsibilities, such as ensuring they do not remove, add or treat food in a way which may damage the health of those consuming it.
The Food Standards Agency (FSA) was established under the Food Standards Act 1999. It is an independent, non-ministerial government department. Its role is to enforce food safety in the UK, working with local authorities.
A food service provider may be held liable if they fail to uphold food safety laws, causing a customer to contract food poisoning. A claim may be brought in line with the Consumer Protection Act 1987. This law allows consumers to make a claim if they have been harmed by a defective product.
Criteria to make a food poisoning claim.
- You were owed a duty of care by the food provider as a customer.
- You were supplied with unsafe food, such as that contaminated with e.coli or salmonella, breaching this duty of care.
- Your food poisoning was caused by the food supplied/sold to you.
If you have suffered food poisoning, it is important to take action as soon as possible. Our team could assess your case and help you collect supporting evidence.
Average Compensation For Food Poisoning
You could claim compensation if you have been harmed by food poisoning. You may have suffered different types of food poisoning, such as Salmonella, Norovirus, E. coli or Campylobacter.
Before we look at the different types of damages you could be awarded; we should note that the “average compensation” for food poisoning is not very helpful. This is because each food poisoning claim is unique. Compensation awarded may be based on the individual factors of that case. What we think is more useful is to look at how compensation is calculated.
How Compensation Is Calculated
You may be awarded two forms of damages if you meet the eligibility criteria outlined above. These are general damages and special damages.
General damages are designed to compensate you for the pain and suffering caused by your illness. To help value the impact of your illness, a personal injury lawyer may take various factors into consideration.
They may consult your medical records or the Judicial College Guidelines (JCG). This is a publication which includes different injuries and suggests compensation brackets for them. Below, we have a table of JCG examples.
The top entry does not come from the JCG and reflects a significant award for financial losses. The remainder of the figures come from the JCG.
| Harm | Severity | Damages |
|---|---|---|
| Multiple forms of illness/ injury | Severe | Up to £500,000+ with special damages. |
| Bowel | A - Double incontinence, complete loss of function. | Up to £224,790 |
| Bowels | C - Passive incontinence and faecal urgency. | Around £97,530 |
| Bladder | A - Double incontinence with complete loss of function. | Up to £224,790 |
| Bladder | D - Almost complete recovery, but with long-term interference with function. | £27,570 to £38,210 |
| Digestive system | B - Illness from food poisoning/ allergic reactions (i) | £46,900 to £64,070 |
| Digestive system | B - Illness from food poisoning/ allergic reactions (ii) | £11,640 to £23,430 |
| Digestive system | B - Illness from food poisoning/ allergic reactions (iii) | £4,820 to £11,640 |
| Digestive system | B - Illness from food poisoning/ allergic reactions (iv) | £1,110 to £4,820 |
| Psychological injury | C - Moderate | £7,150 to £23,270 |
Special Damages – How They Relate To Your Claim
Under special damages you may be able to claim for different types of financial losses caused by your illness. Special damages could compensate you for:
- Loss of earnings and income. This could include lost income due to taking time off work. You may also be compensated for lost bonuses, pension contributions and similar workplace benefits.
- Medical costs. These may include the cost of medical treatment or medication necessary to treat your illness.
- Care costs. You may have required domestic care, such as help with your illness or caring for yourself and your home.
This list is not an exhaustive list and you may be able to claim compensation for further expenses. You must provide evidence in order to claim for any financial losses related to your foodborne illness. Evidence may include receipts, invoices or payslips.
Is E.Coli Poisoning Worth More Than Other Types Of Food Poisoning?
Claims for food poisoning compensation will take the nature and severity of the harm caused into account when calculating compensation. Different types of food poisoning may impact people differently. You may have suffered mild, moderate or severe food poisoning symptoms.
As can be seen in the table above the more severely an illness has impacted you, the more compensation you may be awarded.
You could be entitled to claim compensation whether you contracted food poisoning in a pub, cafe or other food outlet. Please contact us for further information.
Common Causes Of Food Poisoning
Having established when people may be eligible to claim and how such compensation may be calculated, we look at what a food-related illness is.
Food poisoning and foodborne illnesses may be caused by eating contaminated food. Food may become contaminated if it is:
- Improperly stored.
- Poorly prepared.
- Improperly or poorly cooked
- Contaminated in another way.
Whilst food poisoning is rarely serious, usually resolving in a short period of time, severe food poisoning could lead to hospitalisation.
Food poisoning symptoms may include:
- Stomach cramps,
- Vomiting and nausea.
- Diarrhoea.
- A temperature of 38c or higher.
Common causes of food poisoning could include:
- E. coli – Escherichia coli is a bacterial infection that may include stomach cramps, diarrhoea, and vomiting.
- Salmonella – This is a type of harmful bacteria which may be present in raw or improperly cooked foods.
- Campylobacter – You may contract this illness if food is cross-contaminated with other foods, such as raw meat, including chicken.
- Norovirus – Food may become contaminated with Norovirus if handled by a person with the illness. Foods which you may catch it from could include uncooked shellfish, fresh fruit and leafy greens.
- Listeria – According to the NHS, Listeriosis may be caused by consuming a wide variety of different foods contaminated with the listeria bacteria.
Please contact us if you suffered any type of food poisoning highlighted above, or an allergic reaction in a food outlet. Our team could help you make a food poisoning compensation claim.
Case Study: £12,000 E.Coli Poisoning Compensation
In the first week of their summer holiday, Mr and Mrs Wood choose to dine at a new restaurant. The staff were friendly, the restaurant looked modern and was finished to a high specification. However, when served, the food did not seem fresh and was cold. The couple put this down to the restaurant being new.
When home, Mr Wood experienced symptoms which he put down to having drunk too much. Later, Mr Wood awoke with severe food poisoning symptoms, including diarrhoea and vomiting. The couple called for an ambulance, and subsequent hospital tests confirmed Mr Wood had E. Coli.
Following a hospital stay, Mr Wood contacted a personal injury solicitor. The restaurant admitted they were liable for the illness, and Mr Wood’s personal injury claim was awarded £12,000 in damages.
Please contact our team to learn more about claiming food poisoning compensation.
Several People Got Food Poisoning After An Event – Can We Claim Together?
Cases of food poisoning may affect more than one person. For example, a party all dining in the same restaurant may all contract a food-related illness from uncooked food.
Where multiple people were harmed by a food poisoning incident, they may claim together. To do so they could make what is called a ‘group action claim’. In such a case, all the people who suffered food poisoning may make a claim against the same party (the defendant).
The benefits of collectively pursuing a claim may include:
- Increased leverage against the defendant, such as greater or stronger evidence.
- Combining claims from multiple parties could lead to a stronger overall case.
- Pursuing a case as a group could save time and resources for claimants, defendants and the courts.
- Reduced costs. Individual claimants may share the cost of working with a solicitor.
In addition to these benefits, those making such a food poisoning claim could also act as witnesses for each other. This could contribute to a greater overall body of evidence.
One of our panel of solicitors could help you to make a group food poisoning compensation claim.
How To Start A Food Poisoning Claim
In this part of our guide we look at the different steps you could take in order to make a successful food poisoning claim.
Gathering Evidence – Medical Records And Witness Statements
One of the first steps you may take is to collect supporting evidence. It is important that you collect medical evidence and proof the food was contaminated as early as possible.
You may collect and submit evidence such as:
- Medical records. These may show proof of viral infections or bacteria having caused your illness.
- Test results carried out on food samples. You may have been able to obtain a sample of the food which can be tested to confirm the presence of a contaminate.
- A photo of the food you ate.
- Contact details for any witnesses to your eating the food and subsequent illness.
You could keep a diary of your food poisoning symptoms in addition to these forms of evidence. A restaurant may also have recorded your illness in their accident book.
How Long You Have To Begin A Claim
The standard limitation period in which to claim is three years from the date you became sick or discovered the cause of your illness. This is set out in the Limitation Act 1980.
Exceptions to this time limit may apply where:
- A minor (under the age of eighteen) suffered food poisoning. They are unable to claim themselves, so the time limit will not be applicable till they are eighteen.
- A person with reduced mental capacity. No time limit will apply unless they regain said capacity.
In either instance, the courts could appoint a suitable adult (such as a parent or other relative) to act as a litigation friend. You can learn more about how to claim on behalf of someone else in this guide.
How Long It Takes To Get Food Poisoning Compensation
Whilst there is a time limit in which you must begin a claim, there is no corresponding limit in which the claim must be concluded.
Factors which could affect how long it takes to receive food poisoning compensation may include:
- Whether the defendant accepts liability for your food poisoning.
- The complexity of the illness and harm caused.
- Whether the case needs to go to court.
A solicitor from our panel could help to guide you through the food poisoning claims process. Please contact us for further information.
How Our Panel Of Solicitors Can Support Your Claim
Our panel of solicitors could help with gathering evidence and guiding you through the claims process. They could help you under a Conditional Fee Agreement (CFA). This means that you could claim on a No Win No Fee basis.
The benefits of claiming on this basis are that there will be no solicitors fees to pay either upfront or whilst the claim is underway. Instead, your solicitor would deduct a success fee from your damages.
This fee is based on a percentage of your settlement. There is also a legal limit on the percentage which may be deducted. This means you keep the bulk of the compensation.
Get more help from specialist solicitors by:
- Using the live chat box below.
- Using our form to contact us.
- Phoning 0800 408 7825.
More Information
Here, you can find out more about how to claim compensation as well as learn more about food poisoning.
- Learn more about how to claim for an accident in a public park in this guide.
- You can learn more about the personal injury claims process in our guide.
- You may be asked to attend a medical appointment. Learn more about this part of the process in our guide.
Food safety references
- You can read more about food safety in this resource from the Food Standards Agency.
- Read more about preparing and cooking food safely in this NHS guide.
- You can read more about how to break the chain of infection in this guide from the UK Health Security Agency (UK HSA). This government agency is responsible for health security in England.
Through this guide, we have looked at how food poisoning compensation may be calculated. Please contact our team to make a claim or for more information.
