Month: April 2022

Victims of Food Poisoning Compensated by TUI

Lady curled over her legs feeling unwell on beachfront

TUI’s solicitors have finally agreed to accept liability for an outbreak of illness affecting British holidaymakers following a food poisoning outbreak in Mexico in 2017. The solicitors agreed to pay 95% of a group claim made for food poisoning at the renamed TUI Blue El Dorado Seaside Suites.

Cases of Cyclospora food poisoning (known as Cyclospora) have been reoccurring since 2015 in the Riviera Maya region. These cases have been linked to raspberries, mint leaves and cilantro served at local hotels. Given the typical incubation period before the onset of symptoms (7-10 days), the illness normally takes effect by the end of a holiday. Given that travellers may have been involved in numerous activities before the symptoms appearing, holiday companies deny any legal responsibility on the basis that the hotel was not the cause of infection.

These illness claims are better presented in groups, because tour operators are reluctant to release information to suggest a hotel was both the common and likely source. In this case, applications to the court for disclosure of documents held by TUI developed the claim significantly; such documents should always be volunteered.

The Pandemic delayed legal proceedings, but Mrs Grace Turner from Glasgow was pleased with the damages she received for her injuries – the matter settled for £7600.00. Other members of the group represented by Simpson Millar received similar awards. Some members received much more, after complications with IBS arose.

Trying to prevent Cyclospora does not appear to be a priority for hotels in the Riviera Maya region of Mexico. Because of this, British holidaymakers will continue to experience illness in 2022 resulting in further claims being made against TUI. Sustainable and reliable sources of food should be encouraged, and companies who use human faecal matter to fertilise crops must be avoided.

If you have been ill whilst on holiday in Mexico, I would recommend you seek advice from your family GP immediately and insist on a stool test. Of course, this isn’t a pleasant experience, but doing so ensures you are properly treated.

If you experience illness on a regulated package holiday with TUI or any other UK tour operator, please contact our talented Holiday Law Team for advice. We can assess whether or not you have a claim, and can then give you the opportunity to instruct us on no win no fee terms.

UK Family Warns of E.coli Food Poisoning at Egyptian Hotel

Camel sitting down on sand in front of pyramids

Travellers staying at Egyptian hotels this Easter break are warned to be careful of the food they eat following a rise in the number of cases of E.coli (STEC) experienced during package holidays to the region.

Simon Lomax, Simpson Millar’s Holiday Illness Claims Manager says:

“I have handled a large number of food poisoning claims from holidaymakers returning from the Sharm el Sheikh and Hurghada regions in the past with tour operators, such as TUI, JET2 Holidays and Thomas Cook being held responsible. The trend appears to be continuing following notice from Ms Candice Potter and her family that they had been exposed to E.coli 0157.”

The family from Sussex have instructed Simpson Millar’s specialist Holiday Claims Team to pursue compensation from their tour operator following their stay at the Hotel Serenity Fun City with Thomas Cook. Several members of the party suffered severe diarrhoea, dehydration and fever (classic symptoms of food poisoning) and were diagnosed with E.coli (STEC) upon their return to the UK.

Most types of E.coli bacteria are harmless and are sometimes present in large numbers in the human digestive tract. A few strains, not normally encountered in the UK, are occasionally responsible for “traveller’s diarrhoea.” One particular strain, known as E.coli 0157, produces a harmful toxin and causes serious illness, especially in young children and the elderly.”

Simon continues to say:

“E.coli 0157 is often brought into the kitchen on raw meat which may contaminate cooked foods in careless or unhygienic preparation. Inadequately cooked foods, particularly beef products served from barbeques are often implicated. Great care must be taken when barbequing beef burgers to ensure that the meat in the middle of the burger is thoroughly cooked.

Those travelling to large all-inclusive hotels this Easter, such as, the Holiday Village Red Sea, Coral Aqua Club, Jaz Mirabel or the TUI Blue Sensatori can take steps to minimise the risk of ingesting contaminated food by ensuring the food they eat is hot and properly cooked. In the past travellers have returned from these complexes ill not only with E.coli but with other common pathogenic infections including salmonella or campylobacter. My team has made many successful claims against those responsible.

Ill holidaymakers are advised that, if they can prove the source of infection was from contaminated food served at their hotel, then they are entitled to compensation pursuant to the Package Travel and Linked Travel Arrangements 2018. The level of recompense will, of course, be subject to the severity of their symptoms and whether they suffer complications, for example, post infective irritable bowel syndrome.

Travellers are advised to seek legal help because these claims are not simple and involve complex issues relating to the cause of infection.”

Subject to the terms of your holiday contract we may be able to assist you with a claim for compensation on “no win no fee term”.

For free initial advice contact us by telephone on 08081293329 or complete our enquiry form.