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Should I Make a Holiday Illness Claim?

Date: 14th October 2019

If you ate at a restaurant in the UK and contracted Salmonella, many people would think nothing of taking legal action against those responsible. As a society, we generally agree that it’s important for those who cause others to come to harm to face consequences, especially if they could’ve done more to prevent it.


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So there’s no reason to think differently if something happens to you on holiday and you fall ill because a service provider was negligent. The law is on your side, and if you suffered due to poor standards or a hygiene error that could have been prevented, then it’s perfectly acceptable to consider claiming compensation.

Ultimately, you likely paid a lot of money for your all-inclusive break abroad, and it's reasonable to expect to be able to enjoy your break away, or at the very least, to not have to suffer symptoms such as diarrhoea, vomiting or nausea.

What Laws Protect Holidaymakers?

If you've been sick on a package holiday, then under The Package Travel and Linked Travel Arrangements Regulations 2018, you could be able to make a claim. These state that your tour operator is responsible for taking reasonable steps to ensure that you don’t come to harm at any stage of your package holiday. So if you, for example, developed food poisoning after eating at an all-inclusive hotel buffet, you might have a case against them.

However, it’s important to get your condition verified, both to ensure you get the right treatment and to bolster any potential claim. Seeing a doctor as soon as possible means there’s a better chance of identifying the pathogen that caused your illness and the likely source. If it’s shown that you contracted a harmful pathogen such as Cyclospora; Salmonella; Campylobacter; Cryptosporidium or E.coli then it’s likely that you’ll be entitled to compensation.

A gastric illness can have wide-ranging symptoms, from an upset stomach to long-term conditions such as irritable bowel syndrome (IBS), and stop you from being able to work and earn money for some time. So it’s only right that those who were responsible for causing your illness are held accountable and that you’re able to get the compensation you deserve.

If you want to find out more about making a holiday sickness claim and whether you’re eligible for compensation, get in touch with our Holiday Claims Solicitors.

We'll provide you with a free no-obligation consultation, during which we can assess your case and let you know whether making a No Win, No Fee claim with us is your best option, or if there’s another option that would work better for you.

If you or a member of your family suffered sickness on holiday and believe the illness was caused by the fault or negligence of the hotel or tour operator, you may be entitled to compensation.

Start your No Win No Fee Holiday Claim by calling 0808 145 1353