Foods
Food Poisoning and Food and Drink Claims
If you have suffered food poisoning as a result of a restaurant, supermarket or other food supplier you may have a case for personal injury compensation.
Similarly, if you have experienced some form of injury after being supplied with unfit food for some other reason, including a foreign body in your food, then you could be eligible for a compensation claim for personal injury.
Why not speak to a Personal Injury Bureau solicitor who can assess your situation and give you advice on how to proceed, including, if necessary, how to make a claim for compensation
Food Poisoning Personal Compensation Claims
Yearly, hundreds of people experience the effects of bacterial food poisoning, including stomach problems, vomiting and diarrhoea, and while the effects are distressing usually symptoms clear up after a few days.
In some cases though – symptoms do not clear after a few days – and, in fact, can be extremely prolonged, debilitating and even fatal.
Serious cases of food poisoning, in particular, can have a devastating effect on the old, young children and babies, pregnant women and those already suffering from illness.
Other symptoms of food poisoning include raised temperature, muscle aches, shivering and severe lethargy.
There are more than 250 different food related diseases, most of which are infections, caused by a combination of bacteria, viruses and parasites.
Types Of Food Poisoning
The following are some of the more serious cases of food poisoning, which can end up in personal injury compensation payouts:
Salmonella – Often results from raw egg and poultry infection. Symptoms include fever, vomiting and stomach pains.
E Coli – Found in faeces and transferred to humans often via meat. Results in severe diarrhoea, often bloody, stomach pain, vomiting. E Coli can lead to kidney failure. Can be life threatening.
Listeria – Originates in uncooked food and sometimes sea food. Symptoms are often severe ranging from shivering, intense headaches and vomiting. Can lead to meningitis and septicaemia.
Food Safety Act 1990
The Food Safety Act 1990 is the governing legislation for this area of law which defines what food is, how it should be handled, stored and sold, and who is responsible for enforcing the hygiene regulations.
It covers liability for rendering food injurious to health by:
- Adding an article or substance to the food.
- Using an article or substance as an ingredient in the preparation of the food.
- Abstracting any constituent from the food.
- Subjecting the food to any process or treatment with the intention that it shall be sold for human consumption.
- Selling to the purchaser any food which is not of the nature, or substance or quality, demanded by the purchaser.
- Falsely describing or presenting food.
It can be a defence for a food business operator to prove that he took all reasonable precautions and exercised due diligence.
Compensation Claim Advice Guide – Food Poisoning
If you have or suspect you have food poisoning, it is important to inform your doctor to obtain appropriate treatment and for the event of a claim, a medical record of your illness.
Your doctor may request stool samples, for example, to properly assess your case.
You should also keep supermarket or restaurant receipts, travelling receipts and receipts of any other expenses which can be used as either evidence of show where the problem originated from or to support the level of the compensation claim.
Also make notes on what else you have eaten around this time, which could be relevant in the event of a claim.
For personal injury claims it must be proved that the injured was owed a duty of care, and suffered as a result of negligence or failure of that duty of care.
It must be understood that food poisoning and other food and drink related compensation claims can be quite complicated with the need for expert medical analysis, so it is advisable to take professional advice.
Main Types Of Food Compensation Complaints
Bacterial – mouldy or bad food
Virus – transferred via food
Foreign matter in food – any harmful substances, packaging etc
Foreign objects in food – including sharp objects
Poisonous plants – leading to food poisoning
Metals in food – contaminated or damaging
Chemicals in food – signs include unusual taste or smells
Contaminated drinks – unfit drinks
Food Labelling – food beyond its sell or use by date
Remember if you have suffered some form of personal injury resulting from consuming or contact with food and drink, and negligence can be proved, then there is a possibility to launch a successful personal injury compensation claim.
