Food poisoning is caused by contaminated food items, water or other drinks. Contaminants may, for example, consist of:
- E. Coli
- Hepatitis A virus
Ranging from mild to severe, even fatal, food poisoning symptoms depend on the bacteria or virus present within the contaminated food and the affected individual’s general health. The age of the affected person may also make a difference in the severity of symptoms, with children and the elderly often experiencing more severe symptoms.
The law, food poisoning and compensation
In the UK, laws concerning food poisoning and compensation are very clear and straightforward. The 1987 Consumer Protection Act states that retailers must sell products that are free of any harmful bacteria likely to cause food poisoning. Once the source of a food poisoning infection has been established, a rule of strict liability is imposed by the law upon the offending supplier, shop or restaurant.
Strict liability rule
Under normal circumstances, compensation claims like those following slips, trips and falls, for example, require claimants to prove that their personal injury was the result of someone’s negligence. This is not a requirement when it comes to cases of food poisoning and compensation. Here, all the claimant has to prove is that:
- The purchased/consumed food was unsafe (it was contaminated by food poisoning bacteria)
- The claimant was made ill (experienced food poisoning symptoms)
- The unsafe food was the cause of the illness (the contaminated food gave the claimant food poisoning)
Liability for food poisoning and compensation
Individuals and/or organisations that can be held liable for food poisoning infections and subsequent compensation claims include:
- Producers of food
- Importers of food (both into the UK and the EU)
- Own-brands (like supermarkets putting their name onto food products)
Unfortunately, not all countries have such straightforward laws concerning food poisoning and compensation.
Claiming for compensation
Whether you sustained an injury by slipping, tripping or falling or were infected by food poisoning bacteria, you will require expert legal assistance in conducting your claim. The legal team of Accident Advice Helpline has more than 15 years of experience in successfully conducting public liability claims of this type.
Make that call
Offering their services under conditional fee agreements, our in-house solicitors have the ability to conduct most claim aspects over the phone, and most cases do not have to go to court for a successful settlement. Get one of our experts assigned to conduct your personal injury claim today by calling 0800 689 0500 or (for mobiles) 0333 500 0993 now.
Date Published: December 9, 2015
Author: David Brown