When anyone purchases food, they expect it to provide nourishment as well as the enjoyment and satisfaction of eating it. What they do not expect to get is food poisoning. Should anyone come down with food poisoning, they may have grounds for a claim. The big question is this: “Who do I claim against for food poisoning?”
It may appear fairly easy to know who the claim should be made against. You go to a restaurant for a meal and later you come down with stomach cramps, nausea, diarrhoea and vomiting. At first glance, it would appear the food poisoning was caused by the food served at the restaurant and the claim should be made against that establishment. Alternatively, you could buy food from a supermarket to eat at home and come down with similar symptoms. It could be argued that you were sold contaminated food, in which case the claim should be made against the supermarket.
The problem with these assumptions is that symptoms of food poisoning may take time to develop and we all react to the illness in different ways. What’s more is that most people consume two, three or even four meals or snacks during a typical day, so it may be hard to tie down a bout of food poisoning to one particular meal or food.
After suffering food poisoning, the first steps should be to try and get better. That means getting medical assistance. You may also be advised to take time off work recovering and to stay at home for a period of time. This will give you time to get better and avoid spreading symptoms to others. The next step is to inform your local Environmental Health Officers. One of their roles is food safety — they will launch their own investigation into the cause of your food poisoning.
If you have suspicions about what or who was the cause of your food poisoning, it is important that any evidence is preserved. That evidence could be the receipt for the meal you ate at the particular restaurant or café. If you believe that the food you bought at the supermarket was responsible, it is advisable to keep the receipt for that as well. Any remaining food should be frozen, and of course kept separate from other foods.
In order to make a food poisoning claim, your best course of action is to seek legal advice. Here at Accident Advice Helpline, we can put you in touch with solicitors who deal with food poisoning claims such as yours. Based on the evidence provided, our experienced staff will be able to decide whether you actually have grounds for compensation and who the food poisoning claim should be made against. The report from the Environmental Health Officers and your own evidence may well indicate who was liable and who to claim against. Your doctor’s report will also show just how serious you food poisoning was.
We will represent you on a no win no fee basis. This means that there are no upfront fees and that if your claim is unsuccessful, you won’t owe us a penny. Call us today on 0800 689 0500 in order to get started on making your compensation claim.
Date Published: October 12, 2013
Author: David Brown