Food poisoning can range from mild discomfort and an upset stomach to a serious illness that affects your health, finances and everyday life. While many food poisoning cases clear up within a few days, others can lead to hospital treatment, long-term complications and significant time away from work.
If your illness was caused by contaminated food that was prepared or supplied by another party, you may be wondering whether you can sue for food poisoning.
In the UK, it may be possible to make a food poisoning compensation claim if you can prove that the illness resulted from negligence. This guide explains when you may have grounds to claim, who may be responsible and what evidence can help support your case.
Can You Sue for Food Poisoning?
In short, yes, you may be able to sue for food poisoning if your illness was caused by unsafe food or poor hygiene standards.
Food businesses have a legal duty to ensure the food they prepare, sell or serve is safe to eat. If they fail to follow proper food safety procedures and this leads to illness, they could be held liable for the harm caused.
Common examples of negligence include:
- General poor food hygiene
- Incorrect food storage temperatures
- Cross-contamination
- Serving undercooked food
- Failing to follow allergen regulations
- Using contaminated or expired ingredients
If negligence can be proven, you may be entitled to compensation for the impact the illness has had on your life.
Can You Sue a Restaurant for Food Poisoning?
One of the most common causes of food poisoning claims involves restaurants, takeaways, fast food chains and cafés.
Without overcomplicating things, you may be able to sue a restaurant for food poisoning if:
- The food was contaminated
- Hygiene standards were poor or inadequate
- Food was improperly prepared or stored
- Staff failed to follow food safety procedures
For example, food poisoning may occur if raw meat contaminates cooked food, refrigeration fails, or food is served after its safe consumption date.
Similarly, you may also be able to:
- Sue a takeaway for food poisoning
- Sue a hotel for food poisoning
- Sue a company for food poisoning
- Sue a grocery store for food poisoning
- Sue a school for food poisoning
The important factor is whether negligence caused the illness.
Who Can Be Held Responsible?
Several different parties may potentially be responsible for food poisoning.
Depending on the circumstances, claims could involve:
- Restaurants and cafés
- Takeaways and fast-food outlets
- Hotels and holiday resorts
- Supermarkets and grocery stores
- Food manufacturers (The vast majority of claims for food poisoning are against Package Tour Operators
- Catering companies
- Schools or workplaces
For example, if contaminated food is purchased from a supermarket, the retailer or manufacturer may be liable. If food poisoning occurs during a holiday, the hotel or even the package holiday provider could potentially be responsible.
How Do You Prove Food Poisoning?
To successfully bring a food poisoning claim, you will usually need to prove:
That The Food Was Unsafe
There must be evidence that the food consumed was contaminated or improperly handled in the first place.
This may involve the development of bacteria such as:
- Salmonella
- E. coli
- Campylobacter
- Listeria
Medical testing may help identify the cause of the illness.
Negligence Occurred
You must also show that the food provider failed to meet acceptable food safety standards.
This could include:
- Poor hygiene practices
- Incorrect storage temperatures
- Cross-contamination
- Failure to follow food preparation regulations
The Unsafe Food Caused Your Illness
It must be shown that the contaminated food directly caused your symptoms.
This can sometimes be difficult, especially if several meals were eaten around the same time. A solicitor can help to establish causation using medical evidence and supporting documentation.
What Evidence Helps to Support a Food Poisoning Claim?
Evidence is extremely important in food poisoning claims.
Useful evidence may include:
Medical Records
Visiting a GP or hospital creates a formal medical record of your illness. Stool or blood samples may also help identify the bacteria responsible.
Receipts and Booking Information
Receipts, takeaway orders, booking confirmations or bank statements can help show where the food was purchased or when it was consumed.
Photographs
Photos of the food, packaging or visible symptoms may help to support your claim.
Witness Statements
If other people became ill after eating the same food, their evidence may strengthen your case.
Environmental Health Reports
Reporting the incident to your hotel or tour operator or the local council’s Environmental Health department may trigger an investigation into the food provider.
Average Compensation for Food Poisoning
As with many claim types, the average compensation for food poisoning varies depending on how severe the illness was and how long the symptoms lasted.
Factors that may affect compensation include:
- Severity of symptoms
- Length of recovery
- Hospital treatment if required
- Financial losses
- Long-term complications
- Impact on daily life
Minor cases that resolve quickly may result in lower compensation or no compensation at all, while more severe cases involving prolonged illness or complications may result in significantly higher settlements.
Compensation may also include:
- Loss of earnings
- Medical expenses
- Travel costs
- Compensation for loss of enjoyment of holiday
- Care and support costs
Every case is assessed individually based on its specific circumstances.
How Long Do You Have to Make a Food Poisoning Claim?
In most cases, you have three years to start a food poisoning claim in England and Wales.
This time limit usually begins from:
- The date you became ill, or…
- … the date you became aware that negligence caused the illness
For children, the three-year period generally starts from their 18th birthday.
Seeking legal advice as early as possible is always recommended, as evidence can become more difficult to obtain over time.
What Should You Do After Suspected Food Poisoning?
If you suspect food poisoning, there are several important steps you should take:
Seek Medical Attention
Medical treatment helps protect your health and creates important evidence.
Keep Evidence
Retain receipts, food packaging and any correspondence related to the incident.
Report the Incident
You should consider reporting the issue to Environmental Health, particularly if other people may also be at risk.
Speak to a Solicitor
Food poisoning claims can be complex, especially when proving the source of contamination. A solicitor can help to assess whether you may have grounds to claim.
Contact The Claims Partnership
If you believe you suffered food poisoning due to poor food hygiene or negligence, or even if you suffered an accident at a restaurant, The Claims Partnership may be able to help.
Our team can provide clear, honest advice about your circumstances and whether you may be entitled to compensation. Contact us today for a free, confidential discussion about your potential claim.