If you have been on holiday and contracted food poisoning as a result of another person’s negligence, did you know that you may have grounds to make a food poisoning on holiday claim? You do not have to make a claim in the country where you had your illness, but you can file a claim when you return to the UK.
If you booked a package holiday from a UK tour operator and your illness was the responsibility of the hotel owner where you stayed, then you can make a food poisoning on holiday claim against the UK tour operator. You can do this in the UK. You can also make a claim against the hotel owner (for example) if your illness was their responsibility even though you did not book a package holiday. However, the claim would have to be made in a foreign court.
Food poisoning on holiday claim
Under a European Court of Justice ruling, if you have been ill while on holiday (and in the UK most employers will ask for medical records proving your illness if it was abroad or in the UK) then you can claim more holidays from your employer than are in your contract. For example, if you took seven days of holiday time, and were ill for five of those days, your employer should give you five extra days holiday to compensate you for your illness. This would not interfere with any compensation you might get if your food poisoning on holiday claim was successful.
Food poisoning is one of the most common illnesses people get on holiday. Hotels in countries such as Turkey commonly have buffet-style meals for their guests and these can encourage the proliferation of various bacteria which cause food poisoning.
All-inclusive holidays are popular, but these are the ones which serve buffet-style meals on the whole. It is not only in Turkey where British holiday makers have experienced problems and made a food poisoning on holiday claim on returning to the UK. Other countries include (but are not limited to), the Dominican Republic, Egypt, Mexico, Sri Lanka, Bulgaria, and Cuba.
Accident Advice Helpline
If you have returned to the UK and have been ill while on holiday because of food poisoning, or any other illness which was due to another person’s negligence, then you may have grounds to make a personal injury compensation claim. We can advise you about any part of the claim process as we work with a team of solicitors who are experts in handling personal injury claims.
You could visit our Accident Advice Helpline website for more information, or you may want to call us on one of our helpline numbers. You can do so at any time, even on Bank Holidays. Call 0333 500 0993 from your mobile phone or from a landline, the number to ring is 0800 689 0500.
Date Published: 25th October 2013
Author: David Brown