Personal injury advice from
Thompsons Solicitors
Bacterial Poisoning / Food Poisoning
If you have been affected by bacterial food poisoning, you may be entitled to make a personal injury claim for compensation. Contact The Legal Line on 0800 032 8511 to speak to one of our specialist claim advisors today. Alternatively you can reach us by completing a claim enquiry form.
Causes of Food Poisoning
Symptoms of Food Poisoning
Steps to Take if You Are Affected by Food Poisoning
Can I Make a Personal Injury Claim?
Bacterial Poisoning Compensation
Successful Food Poisoning Compensation Claims
Our Specialist Lawyers
Causes of Food Poisoning
There are numerous causes of bacterial food poisoning; however the most common is through improperly cooked, prepared or handled food. Bacterial food poisoning can cause the sufferer to become extremely ill or, in severe cases, can even be fatal.
As we consume food in a variety of places, this type of personal injury could arise under many different circumstances, such as from a product purchased, meals served on a ship or aircraft, at a restaurant, whilst on holiday or even at work.
The term food poisoning covers various types of bacterial infection, including campylobacter, salmonella, listeria, clostridia and e-coli.
Symptoms of Food Poisoning
There are a number of symptoms that indicate a person may be suffering from food poisoning, including:
- Vomiting
- Stomach Cramps
- Diarrhoea
- Nausea
- Raised Temperature
- Muscle Aches
- Shivering
- Tiredness
These symptoms are not specific to food poisoning however and can also be caused by other illnesses, so it is important to be properly diagnosed by a doctor if you are concerned.
A person suffering food poisoning may become unwell within hours of eating the contaminated food, but in some cases the symptoms do not begin to show until two or even three days later, so it can often be difficult to trace the source.
Steps to Take if You Are Affected by Food Poisoning
Any person who suspects that they may be suffering from bacterial food poisoning should seek medical advice immediately. If it is confirmed that you are suffering from food poisoning, you may have grounds to make an injury claim for compensation, in respect of the pain and suffering caused. Your doctor may be able to confirm this by taking stool samples.
If you believe that the food poisoning could have been caused by a third party, it is important to inform the doctor, so that the environmental health department can be notified. They will often then carry out an inspection (say, in the case of a restaurant) and also try to find out if any other people have been affected.
You should note down details of when and where you purchased / ate the food you suspect may be the cause, keep a note of what else you have eaten, retain receipts, packaging and any of the food that you may still have.
Can I Make a Personal Injury Claim?
In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
It is also useful to keep details and receipts of any personal expenses that have arisen as the result of your injury or illness as well, as it may be possible to reclaim these at a later date.
Bacterial Poisoning Compensation
There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things that you used to be able to do before (e.g. wash your car, look after your garden, walk the dog etc). The award for loss of amenity can be for a short period after you develop food poisoning or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the food poisoning, so that these can be reclaimed. The aim is to put you back in a position financially as if it had never occurred.
Successful Food Poisoning Compensation Claims
Below you will find details of compensation claims that our lawyers have successfuly pursued on behalf of the victims of food poisoning caused by negligence:
- In the summer of 2006, our client visited a restaurant near his
home with his wife and son. On returning home, they were all taken ill
and the family was diagnosed with salmonella enteritis poisoning. Our
solicitors were asked to act for them in their case for food poisoning
compensation.
In more serious cases, the salmonella bacteria not only attack the stomach and intestines, but may enter the lymph tracts and ultimately the blood itself. Children and the elderly are more likely to get a serious infection, as well as those who may already be ill. Although not part of our clients’ dining party, an elderly lady who dined at the same restaurant that night, later died from the effects of salmonella poisoning.
Dehydration is a particular danger following serious food poisoning of this type. Frequent diarrhoea and vomiting may drain the body of fluids faster than they can be taken in. This results in the loss of essential salts and minerals which can also be dangerous if not treated.
As a result of the poisoning from salmonella, the symptoms suffered by our client and his family included dizzy spells, cramps, sweating, fever, profuse diarrhoea, all of which resulted in loss of weight, lethargy and tiredness for several months. Our client was unable to go to work for six weeks following the infection and the family have had to change their diet considerably to avoid further symptoms.
Although it was the supplier of the ingredients who was directly responsible for the introduction of salmonella into the food chain, the contract was between our clients and the restaurant. Our solicitors, who have extensive experience in successfully pursuing disease cases such as food poisoning, were able to secure combined compensation in excess of £7,000 for our client and his wife. The case for their son will proceed to an infant settlement hearing as the Court will approve the level of compensation to ensure the child is compensated correctly.
- Our client, an Assistant Duty Manager at a leisure centre, was
asked to manage an organised “Bonfire Night” celebration as part of his work. After the event, he and his colleagues were provided with a finger
buffet and he consumed various types of food, including chicken and
sausages.
Within 2 days he and some of his colleagues became very unwell and tests showed that they had developed Salmonella food poisoning. An investigation traced the source of this back to the buffet. Our client suffered severe vomiting, stomach cramps and diarrhoea and he lost a lot of weight. The bout of food poisoning resulted in him developing irritable bowel syndrome and long-term problems with his digestive system. He now has an intolerance to certain foods and had to have surgery for a related condition which required a lot of time off work, due to which he lost earnings.
Our lawyers are experts in recovering compensation for the victims of food poisoning and were able to secure £15,000 damages on his behalf.
Our Specialist Lawyers
At The Legal Line, our specialist personal injury lawyers are experienced in all areas of personal injury so can provide you with expert injury claim advice, assistance and guidance on your potential case for food poisoning compensation.
Contact us
Testimonials
"This compensation is not going to bring my health back. But it will make sure my wife will be looked after. It's a big relief to know that this has all been sorted out in my lifetime."
Charles
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