Author: Genie Todd

£18,000 Compensation for Food Poisoning on Holiday in Egypt

We helped a couple secure £18,000 for Food Poisoning on Holiday

Our clients booked a 2-week all-inclusive holiday for themselves and their 2 young children at the Sensatori Hotel in Sharm El Sheikh through tour operator TUI UK.

The family only ate food and drink that was supplied by the hotel on-site, but one night, the adults woke up suffering from symptoms including stomach cramps, nausea, vomiting and diarrhoea.

They spent most of the following day in their hotel room, as they both needed to stay close to the toilet, and they remained there for the most of the time afterwards, only leaving their room to get food and drink for their children.

Their illnesses ruined their holidays, as they couldn’t enjoy the hotel facilities properly and struggled to look after their 2 young children while suffering with their symptoms.

Our clients didn’t report their illnesses to the hotel staff or reps during their holiday, and didn’t complete any complaint forms or reports about their illness as they thought they would get through it.

But they continued experiencing symptoms after returning back to the UK, including severe stomach cramps and terrible diarrhoea. They provided stool samples to their GPs, so they could be tested for harmful strains of bacteria including helicobacter pylori, but the results were inconclusive.

Because of their continuing symptoms, the couple were both unable to return to work for several weeks. This proved costly for the family, particularly the father who had to pay someone else to run his business for several weeks.

How We Helped

The couple blamed TUI UK for their illness, as they believed food service and hygiene standards at the Sensatori Hotel weren’t satisfactory. They contacted our team of Holiday Claims Solicitors to make a holiday sickness claim against TUI, and Lawyer Andrew Tarling agreed to represent them.

Andrew arranged for our clients to undergo medical assessments from a Consultant Gastroenterologist, who prepared reports outlining their medical conditions.

Both claimants didn’t recover their full appetite and energy levels for 2 months following their acute gastroenteritis, and both continue to suffer symptoms of post-infective irritable bowels. As a result, they can no longer eat spicy food, as it aggravates the symptoms.

Although our clients hadn’t complained to the hotel or tour operator during their holiday, they did provide details of other guests who had also been struck by similar symptoms. This strongly suggested that their illnesses were caused by eating contaminated food and/or fluids provided by the hotel that wasn’t fit for human consumption.

Lawyer Andrew Tarling approach TUI with details of our holiday sickness claim outlining a host of failings at the Sensatori Hotel. These included:

  • Leaving buffet food uncovered and exposed to flies for long periods of time
  • Serving undercooked foods
  • Serving foods at a lukewarm temperature
  • Allowing birds to enter the restaurants and peck at leftover food
  • Not storing cooked food appropriately
  • Failing to handle or prepare food and drinks for guests with sufficient care
  • Failing to cook meats and poultry adequately
  • Not devising or implementing a proper system of food hygiene.
  • Causing or permitting the Claimants to ingest harmful pathogens
  • Failing to operate reasonable standards of hygiene generally

TUI meanwhile, had failed to:

  • Done enough to monitor hygiene and cleanliness standards at the hotel
  • Monitor the safety of food and drink provided to guests by the hotel
  • Audit the hotel adequately or at all

Liability (fault) was defended robustly by TUI UK over several years. But a compensation settlement was achieved shortly before the case went to Trial.

The Outcome

Our clients were awarded a total compensation settlement of £18,000. This compensated them for the cost of their holiday, which had been ruined, and other expenses such as the cost of keeping a business going.

The settlement also reflected the emotional impact of their illness, such as the distress of managing gastric symptoms for several months, and being forced to miss out on social engagements, including a big family gathering our clients weren’t fit to attend.

TUI UK’s payout also considered the fact that their holiday illness had a lasting impact on our clients’ lives. For instance, they still can’t eat spicy food as it triggers stomach and bowel problems, which means they can’t eat out as often as they used to.

£1,400 Compensation for Salmonella on Holiday

We helped a man secure £1,400 for Salmonella on Holiday

Our client paid nearly £1,800 for a holiday at the RIU Touareg Hotel in Boa Vista, Cape Verde for a winter sunshine break with his girlfriend.

Before booking the all-inclusive holiday, they went on TripAdvisor to read guests’ reviews and saw largely positive comments about the hotel. They arrived happy, relaxed and in good spirits, and enjoyed most of their holiday as planned.

But on the final day, our client woke up feeling ill, suffering with painful stomach cramps and regularly needing to use the toilet. Since it was the last day, he chose not to report his illness to the holiday rep, on the assumption that he probably had a 24-hour bug that would clear up once he got back to the UK.

However, he started suffering with severe diarrhoea and nausea when he arrived at the airport. He chose not to eat anything on the flight, but his symptoms continued to deteriorate on his journey home.

The severe diarrhoea carried on over the weekend, and he was alarmed when he started noticing blood in his stools. He went to see his GP who carried out a stool sample test, which tested positive for a Salmonella infection (salmonellosis).

He recovered from the infection without taking any medication, but during his illness and recovery time, he ate and drank very little, and when he did eat, he could only face dry, bland foods. Because of this, he lost more than a stone in weight.

He was also unable to return to work due to his Salmonella symptoms, which affected his income as he was self-employed.

How We Helped

Our client had booked the holiday with TUI – and believed they were responsible for his illness. He contacted our Holiday Claims Solicitors for help to claim compensation for Salmonella on Holiday from the tour operator, and Associate Solicitor James Blower took on his case.

James and his team calculated our clients’ financial losses and arranged for a medical assessment of his condition, so we could calculate how much compensation he could be entitled to, and then put this amount to the tour operator.

In presenting the case, James argued that TUI had failed in its duty to provide a safe environment and that the 5-star all-inclusive hotel’s restaurants caused his illness. Our client highlighted a number of shortcomings with food serving areas, including:

  • Tables in the buffet restaurant not always being clean
  • Tables and chairs not being cleaned with antibacterial spray by any member of staff
  • Pre-cooked food being left uncovered and open to the elements, where it quickly cooled down
  • Members of staff bringing hotter food from the kitchen and putting it on top of the remaining colder food
  • Guests using the same serving utensils on different foods, increasing the possibility of cross-contamination
  • The same cooking utensils being used on both raw and cooked chicken, creating another cross-contamination risk
  • Food handlers not using temperature probes on hot food to see if they were cooked correctly
  • Guests touching loaves of bread with their bare hands to slice it, rather than using a cloth to cover them
  • Catering staff not wearing hats, hairnets or gloves
  • Flies crawling over uncovered foods, tables, glasses, crockery and cutlery

Our client also observed that some of the chicken and turkey he ate at the hotel hadn’t been cooked properly and was still pink in the middle when it was served to him. But he thought this could have been the standard of food in Cape Verde and so he made do without complaining.

He only ate and drank in the RIU Touareg Hotel complex prior to his illness, which meant all his meals on holiday were prepared in the hotel’s kitchens. On top of this, he hadn’t been suffering with any illnesses before going on holiday. As a result, he was confident that the hotel food had been the source of his Salmonella infection.

Our client also told us that were wider hygiene issues in the rest of the hotel complex, in particular the swimming pool. For example, he never saw the pool being cleaned or any member of hotel staff adding anything to the water to purify it.

He also observed broken, cracked and missing tiles in and around the swimming pool area, while sunbeds would be collected in the evening without being hosed down.

Our client described the quality and standards in the 5-star RIU Touareg Hotel as “far from satisfactory”, with the food in particular being “inferior”.

James approached the tour operator with the information we had gathered to negotiate for a compensation settlement on our client’s behalf.

The Outcome

Following negotiations with TUI, a compensation settlement of £1,400 was agreed.

This amount of compensation reflected factors including the period of the holiday that was ruined by his illness, the pain and suffering he experienced, and the fact he couldn’t go back to work for some time because of his ongoing Salmonella symptoms.

How to Claim Compensation for Cyclospora on Holiday

If you fall ill with Cyclospora on holiday and believe it’s due to poor hygiene standards at your hotel or resort, you may be entitled to compensation and we can help you make a claim.

We’re specialists in travel law, with many years of experience handling holiday sickness claims, particularly in countries where outbreaks are common. These include:

  • Egypt
  • Dominican Republic
  • Mexico
  • Tunisia
  • Turkey
  • Cape Verde
  • Tenerife
  • Caribbean
  • Spain
  • Morocco

Claiming Compensation for Cyclospora

Holiday tour operators are required to act with reasonable skill and care when providing holidays and are required to serve food that is safe for consumption. So if you fall ill as a result of eating contaminated food or due to a lack of reasonable hygiene, you may be entitled to claim compensation.

What causes Cyclosphora?

Cyclospora can occur when a parasite attaches itself to fruit and vegetables that have been contaminated with human faecal matter. So if contaminated water, for instance, is used to wash fruit and vegetables at an all-inclusive resort, there’s a good chance other people will be infected by consuming items such as salad, desserts that include fruit and cocktails that contain fruit or herbs such as mint and coriander.

The nature of many gastric illnesses means you may not know exactly what condition you’ve got unless you’re tested for it. So it’s important to consult a doctor or medical professional and ask for a stool sample test to be carried out. This should identify exactly what specific illness you’ve got and ensure you’re given the correct course of treatment.

You should also report any symptoms to a member of the hotel staff as soon as possible, as well as your tour operator. Make sure you keep any correspondence and receipts related to your illness and medical treatment on holiday, as this can be vital as we put together your claim and calculate how much compensation you should be entitled to.

Cyclospora has a particularly long incubation period – often up to 2 weeks – so it may be the case that you don’t start showing symptoms until after you’ve come back to the UK. If that’s the case, you might not immediately make the connection between a stomach illness and something you ate while you were on holiday.

So again, it’s very important for you to get medical attention as soon as possible, so a doctor can identify exactly what condition you may have and what could have caused it, and then treat you accordingly.

Symptoms of Cyclospora

Common symptoms of Cyclospora include:

  • Stomach cramps
  • Nausea
  • Diarrhoea
  • Vomiting
  • Aching in legs, hands and feet
  • Headaches
  • Nausea
  • Fever
  • Bloating
  • Increased gas
  • Tiredness
  • Loss of appetite
  • Weight loss

Many of these symptoms are common across many different gastric illnesses. That’s why it’s crucial for you to see a doctor as soon as you fall ill so you can find out exactly what condition you’ve got.

What Can I Claim Compensation For?

If you fall ill with Cyclospora because of hygiene failings at your holiday hotel, you could be able to claim compensation for:

  • Pain and suffering
  • The period of your holiday that was ruined because of your illness
  • The loss of enjoyment of your holiday
  • Personal expenses, such as travel insurance excess and medical fees
  • Loss of earnings if your illness has meant you were unable to work
  • Any care, treatment and rehabilitation costs you may have paid or will need to pay in the future

If we take on your case, our Holiday Claims Solicitors will arrange for you to undergo an independent medical assessment and look at the financial impact of your illness so you get the compensation settlement you’re entitled to.

£4,000 Compensation for Salmonella on Holiday

We helped a man secure £4,000 for Salmonella on Holiday

Our client went on an all-inclusive holiday at the RIU Palace resort in Playacar, Mexico with his partner, where flights, transfers and accommodation were all included in the price, and meals and drinks were provided on site. The hotel complex had several restaurants, including a main buffet and a poolside bar.

About 10 days into the holiday, he started suffering stomach pains and sickness, which developed into severe diarrhoea and occasional vomiting. He then spotted blood in his diarrhoea.

He decided not to take any medication for his symptoms, instead choosing to drink lots of water to try to flush out the sickness bug. Meanwhile, he carried on trying to enjoy his holiday, as he didn’t want to spoil it for his partner.

But his condition forced him to spend lots of time in his room, and he was going to the toilet 8 or 9 times a day. On top of this, he didn’t want to eat as he feared the consequences.

Our client and his partner hadn’t yet gone on any excursions, but had thought about doing so later on in their holiday. But given his condition, this wasn’t an option.

He chose not to report his symptoms to hotel staff or the tour operator rep, and hoped he would make a full recovery after returning to the UK and going back to normal foods. But this wasn’t the case, and he continued getting severe cramps and pulling pains in his stomach. In fact, his symptoms started getting worse as he was seeing more blood in his stools.

He decided to contact his GP, and after a stool sample was taken, he tested positive for Salmonella. It was just over 3 weeks after first becoming sick that he finally felt fully back to normal. But he wasn’t able to go to work during this time, which was costly as he was self-employed.

The sickness also affected other aspects of his life. For example, he was so drained by his Salmonella symptoms that he couldn’t take his son to football for several weeks, and while he didn’t weigh himself throughout this period, people started noting that his face looked a lot thinner, which suggests he lost some weight because of his Salmonella sickness. His experience has also put him off eating spicy food.

How We Helped

He blamed tour operator TUI for contracting Salmonella on holiday, as he never ate outside the hotel complex during his stay. He approached our team of Holiday Claims Solicitors for help claiming compensation, and Associate Solicitor James Blower took on his case.

James arranged for our client to undergo an independent medical examination and assessed the financial impact of his illness. This helped to calculate how much compensation our client may be entitled to from TUI.

James approached TUI, and in presenting the case argued that there were several food hygiene failings at the RIU Palace resort in Playacar that led to our client falling ill.

For example, the quality and temperature of the buffet food was variable, depending on what time people went to the restaurant, as some of it was lukewarm and had been left out for quite some time.

Our client also never saw a probe being used to check the temperature of the food while dining in the buffet. He also didn’t see any hand sanitisers being used by staff in any of the hotel restaurants, and pointed out that if they were there, their use wasn’t being encouraged.

The design of some of the eating areas was also found to be problematic. For example, while some of the restaurants were fully enclosed, the lunchtime buffet location had roofs but were open at the sides. This meant birds and insects could fly around inside the dining and food serving area, land on tables and take leftover food on plates. They would also go on the floor after food had been dropped.

James argued that since our client had only eaten food from the hotel during his holiday, food hygiene standards mustn’t have been acceptable for Salmonella to happen. TUI had a duty of care to make sure proper checks and inspections took place and so were liable (at fault) for his illness.

The Outcome

Following negotiations with TUI, we secured a total of £4,000 in compensation for our client. This helped to make up for the earning opportunities our client had missed out on while he was sick.

The compensation payout also helped to compensate him for the period of the holiday that was ruined by his illness, as the holiday had cost £5,000 in full.

£50,000 Compensation for Holiday Illness in Tunisia

Man awarded £50,000 Compensation for Gastric Illness on Holiday

Our Holiday Claims Solicitors represented a man who fell ill with a gastric illness whilst on holiday at a hotel in Tunisia. At one point, he was so overcome with his illness that he fell unconscious in the toilet and hit his head on the floor.

It was several hours before he was discovered, and he had sustained lacerations to his lip and nose, as well as two broken teeth.

How We Helped

Following his return to the UK, the client contacted our team of Holiday Claims Solicitors for free legal advice. Our Solicitors had already been contacted by a family who had stayed in the same hotel in Tunisia and also been struck down with similar gastric illness symptoms. We combined his claim with that of the other family and started to put together a case for compensation.

No stool samples had been taken by our client’s doctors following his holiday in Tunisia. This meant that we had to obtain evidence that was thorough enough to make up for this.

Partner Ross Smith brought in a specialist gastroenterologist and microbiologist, who reviewed our client’s medical records and put together reports outlining his symptoms, along with the potential causes and his prognosis.

The doctors who examined our client also failed to note his brain trauma, so we arranged for a neuropsychiatrist to consider its impact on his life. We also instructed a restorative dentistry expert to consider the damage to his teeth and the need for future dentistry work to repair them.

Ross and his team then got a report from an employment consultant so we could assess how much our client’s injuries had affected him financially.

We supported the medical evidence with witness evidence from claimants whose holiday illness claim cases had previously been settled. These were people who were willing to testify about the hygiene conditions at the hotel, as well as the illnesses and residual symptoms they had experienced.

This detailed evidence helped us to accurately value our client’s claim, and we made sure that he was kept informed of any developments as the case progressed.

The Outcome

While the lack of stool samples at first presented a problem when putting together a strong claim, we were able to overcome this issue, and achieved a £50,000 compensation settlement for our client.