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Food poisoning claims

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If you think you have contracted food poisoning from a restaurant, cafe or hotel, and it is therefore not your fault, it is classed as a personal injury and you could make a claim for food poisoning compensation.

Even with health and safety standards and food hygiene requirements so high, there are many instances when you may still catch food poisoning. It is most commonly caused by bad hygiene on the chef’s part or when food is infected with bacteria, parasites, viruses or chemicals (including pesticides).

Symptoms of food poisoning could include diarrhoea, vomiting, fever, dehydration, stomach cramps and stomach upsets, which usually last a day or two. However, in very extreme circumstances food poisoning can cause nervous system damage and even death.

The Food Standards Agency estimate that 5.5 million people in the UK contract food poisoning every year, yet due to most not being very severe, less than 100,000 of these cases are actually reported.

How do I make a food poisoning claim?

In any personal injury claim it is necessary to show that the party you are making a claim against owed you a duty of care, that they breached that duty of care, and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

It is important that you retain any evidence you may have which supports your food poisoning claim, such as receipts and if possible any packaging, and ensure that when you visit your GP or hospital for treatment you mention the suspected cause of your illness to them and involve the Environmental Health Department if necessary.

Assuming that you have this evidence, it should be possible for you to claim damages for the pain and discomfort that you have suffered.