Have you suffered from food poisoning or a food allergy reaction in the UK and think that a food or drink retailer or producer was to blame? Slater and Gordon are leading food poisoning claim solicitors, offering a No Win No Fee service to the majority of our clients.
Food poisoning is often caused by bacteria, parasites or viral infections contained in the food you ate. The reasons behind it are usually:
Food has been insufficiently cooked to kill bacteria
Food has not been refrigerated or covered
Bacteria has passed from food to food
Poor hygiene standards have affected preparation
You can find out more about the causes of food poisoning on the Food Standards Agency website. You will also receive useful advice and possibly even support in gathering evidence for a compensation claim from your local Environmental Health Officer.
In most cases, food poisoning is relatively mild, and many people will recover quite quickly. However, it can be a very serious illness for some and, in rare cases, can even lead to death.
Whether food poisoning stems from a snack bought at a supermarket or a meal you ate in a restaurant, if you’ve become unwell due to someone else’s lack of diligence in food preparation, you could be entitled to make a claim for food poisoning.
Can I make a claim for food poisoning?
Food poisoning takes many forms in the UK and can have very serious consequences. If you have suffered food poisoning that was caused by any of these viral, bacterial or parasitic conditions, you may have grounds for claiming food poisoning compensation:
Salmonella
Shigella
E.coli
Giardia
Norovirus
Rotavirus
Campylobacter
Cryptosporidium
How to prove food poisoning
In most personal injury cases, you would be required to prove that someone else was negligent to make a claim. However, food poisoning claims are quite unusual in that you do not have to prove negligence for your claim to succeed, only that:
The food was not safe
You have been ill
The unsafe food made you ill
In fact, under the terms of the Consumer Protection Act 1987, if you can establish the source of the food poisoning, infection or allergic reaction, then the law imposes a 'strict liability' rule on the offending restaurant, shop or supplier.
Can I claim for a food allergy reaction?
The law states that all food and drink sold in the UK is required to clearly declare the presence of known allergens including nuts or dairy products in signage and packaging.
Where this has not been done satisfactorily and an allergic reaction has occurred - whatever its level of seriousness - a food poisoning compensation claim may be in order.
Shahida's story
Shahida Shahid was just 18-years-old when she was served a buttermilk chicken burger at Almost Famous restaurant in Manchester, despite making her server aware of her allergies to dairy and nuts.
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How do I claim for food poisoning?
Whether you have suffered food poisoning or an allergic reaction to food, gathering evidence as early as possible is essential. If you believe you have been the victim of someone else's negligence, take these steps as soon as possible:
Stay off work or school for 48 hours to avoid contagion
Write a list of everything you ate in the previous 24 hours
Keep suspect food, if you still have it, in its packaging
Preserve the food (i.e. freeze it) but seal it in polythene first
Keep all relevant receipts from restaurants or supermarkets
Collect names and contact details of witnesses
You will also need to keep this evidence and have medical evidence from a gastroenterologist in order to help us prove your illness and its seriousness. Once this is done, it's time to ask us about making a food poisoning compensation claim.
Why should I choose Slater and Gordon?
Food poisoning claims are quite a specialised area of the law, so it makes sense to deal with solicitors who have extensive experience and a track record of successfully securing food poisoning compensation.
Our industry-leading team of solicitors have earned top ranking from independent legal guides (Chambers and Partners, and the Legal 500), as well as esteemed positions within the Association of Personal Injury Lawyers (APIL).
We know that recovering from your illness and the impact it has had on your life involves more than just legal advice and compensation, which is why we work closely with medical professionals to identify any additional support and treatment you may need.
If you've suffered due to food poisoning, you can contact our specialist food poisoning solicitors today on 0330 041 5869 or get in touch online to arrange a call back.
We’re no win no fee specialists, meaning there’s no financial risk when making a claim for an accident at work or in a public place.
Talk to the experts
We have teams of legal experts who specialise in representing those who’ve suffered injuries as a result of accidents at work and in public places.
Tailored advice
As specialists in accidents at work and public places, we'll ensure your case is dealt with swiftly, whilst ensuring you receive the maximum compensation.
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We’re a reputable National law firm with expert lawyers in local areas across England, Scotland and Wales.
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Frequently asked questions around food poisoning claims
Who is liable for food poisoning compensation?
Under the Consumer Protection Act 1987, all food outlets and vendors must ensure that the food they serve is safe to eat and free from any harmful bacteria or parasites. Where they fail in this duty, they are liable for your illness and suffering, and may therefore be required to pay compensation.
How much could I receive in food poisoning compensation in the UK?
As the impact of food poisoning can vary from person to person, the amount of compensation you could be entitled to can be difficult to determine without first establishing the details of your case.
When negotiating a settlement for your food poisoning claim, your solicitor should consider all factors in your case, including any time off work you’ve had to recover, any treatment you have received, and the impact your illness has had on your social life and family.
How long does a claim for food poisoning take to settle?
As there are a number of factors that can influence how long a food poisoning claim takes to settle, it can be difficult to determine an accurate timeline. For instance, it may take longer than expected for the other side to accept liability.
Generally speaking, the more complex your case is, the longer it can take to settle. We strongly advise that you speak to a specialist food poisoning solicitor to discuss the details of your case, as they will be able to provide tailored advice on your personal circumstances.
Can I make a claim for food poisoning if I became unwell on holiday?
Yes, you can make a claim for food poisoning if you become unwell on holiday. The process may be slightly different, but your solicitor should be able to explain the process fully and handle any complexities that arise.
Really helpful and always on the other side of the phone if needed. Quick and easy service. Ashley
Everything is moving along quickly and smoothly. Good professional service I'm glad I chose Slater and Gordon. Kenny Jackson