Can I Claim Compensation for Food Poisoning on Holiday?
The short answer to this question is you can – if you can prove that your holiday company is at fault and the sickness bug came from the hotel.Have you suffered Illness on a package holiday and want to know whether you can claim compensation?
Each year Simpson Millar Solicitors help hundreds of people that have had their holidays ruined by food poisoning caused by salmonella, gastroenteritis, cryptosporidium and a host other nasty bugs.
The reason why we are able to help people is because there is good evidence to show that the tour operator did not do enough to ensure their hotels had adequate food hygiene procedures.
To find out whether you can claim and how much your food poisoning claim is worth we would advise you to call us for a free consultation.
Key Factors for Claiming Compensation for Food Poisoning
Key factors in determining whether you can claim are:
- Whether or not you booked a package holiday – if you booked directly with the hotel, it is likely that you would have to sue in the country where your hotel is based as opposed to the UK.
- The board basis – if your hotel offered “all-inclusive” food and drink and you did not eat outside the hotel, you should be able to show that your illness must have come from the hotel.
- The duration of your illness – if you were ill for more than 3 days it is more likely that your holiday illness was food poisoning as opposed to a viral stomach bug.
- Hygiene concerns at your hotel – if you noticed problems such as flies and birds in the restaurant; dirty unkempt waiters and food handling staff; and buffet food being left out for hours on end at room temperature – the chances are that your illness was caused by the hotel.
You do not necessarily have to have tested positive for an infection to determine whether you can claim compensation for a holiday ruined by illness. There are a number of factors to be taken into consideration when determining how much you can claim.
Who We Have Helped
For example, we recently helped a Mother and Daughter that suffered from a sickness bug in Turkey at the Garden of Sun Hotel. The holiday was booked on an all-inclusive board basis with Thomas Cook. They suffered sickness and diarrhoea and ended up being placed on a drip at a nearby hospital although no tests were ever done to determine the cause of the illness
Upon their return to the UK, they were offered £600 by Thomas Cook. Unhappy with their offer they contacted us to represent them and we were able to secure £3,000 in compensation for the mother and £2,500 for the daughter.
We were able to help them because they did not leave the hotel in advance of becoming ill and there a number of hygiene failures noticed by our clients that suggested that hotel staff could have prevented the illness.