Claim for Food Poisoning: How to File and Win Compensation in the UK


1. Can You Make a Claim for Food Poisoning in the UK?

Yes. If you’ve suffered food poisoning due to eating contaminated food from a restaurant, takeaway, supermarket, or event, you may be entitled to compensation. UK law protects consumers under the Consumer Protection Act 1987 and Food Safety Act 1990.


2. What Causes Food Poisoning?

Food poisoning typically results from consuming food contaminated with:

  • Bacteria (e.g., Salmonella, E. coli, Listeria, Campylobacter)
  • Viruses (e.g., Norovirus)
  • Parasites
  • Chemicals or allergens not properly labelled

Common sources include undercooked meat, spoiled dairy, raw seafood, and poor food hygiene.


3. Signs and Symptoms of Food Poisoning

Symptoms may appear within hours or up to 72 hours after eating contaminated food. They include:

  • Nausea and vomiting
  • Diarrhoea
  • Stomach cramps
  • Fever
  • Dehydration
  • Fatigue

If these symptoms are severe or last more than a couple of days, seek medical attention.


4. Who Can You Claim Against?

You may file a claim against:

  • Restaurants or takeaways that served the food
  • Supermarkets selling contaminated goods
  • Caterers or food delivery services
  • Event organisers, schools, or hotels where you were served food

5. What Do You Need to Prove?

To make a successful claim for food poisoning, you must prove:

  • You ate contaminated food
  • It caused you to become ill
  • The supplier or food handler was negligent
  • You suffered loss or harm as a result

Medical records, receipts, photographs of the food, and witness statements can help build your case.


6. What Compensation Can You Claim?

Compensation amounts vary depending on the severity of your illness and losses. You may claim for:

  • Pain and suffering
  • Loss of income (due to time off work)
  • Medical expenses and medication
  • Travel costs
  • Holiday disruption (if it occurred abroad or while travelling)

Examples of payouts:

  • Mild illness (few days): £900 to £3,800
  • Moderate (hospital stay, lingering effects): £3,800 to £9,500
  • Severe (long-term symptoms): £9,500 to £50,000+

7. Can You Claim for Food Poisoning on Holiday?

Yes. If you booked a package holiday, you may claim against the tour operator under Package Travel Regulations. If the illness was caused by hotel food or a buffet, the company may be liable.


8. Do You Need a Solicitor to Make a Claim?

While you can file a claim independently, a solicitor increases your chance of success—especially for moderate to severe cases. Most food poisoning solicitors offer No Win, No Fee services.


9. Time Limits for Making a Claim

You generally have three years from the date of illness to file a claim in the UK. For children, the time limit starts when they turn 18. For holiday-related claims, deadlines may vary depending on the tour provider.


10. How to Start Your Food Poisoning Claim

Follow these steps:

  1. Seek Medical Advice – Get treated and obtain medical documentation.
  2. Report the Incident – Inform the restaurant or food business.
  3. Collect Evidence – Keep receipts, packaging, photos, and names of witnesses.
  4. Contact a Solicitor – Get legal advice on your next steps.
  5. Submit a Claim – Through your solicitor or directly to the responsible party.

Frequently Asked Questions

Q1: Can I claim if I didn’t go to the doctor?
A: Medical evidence strengthens your case. While not mandatory, it’s highly recommended for a successful claim.

Q2: What if I was the only one who got sick?
A: You can still claim, but it may be harder to prove. Supporting evidence (like leftovers or receipts) is key.

Q3: Can I claim for food poisoning from a supermarket meal deal?
A: Yes. You can claim against the supplier or manufacturer if the product was contaminated or improperly stored.

Q4: What if I got food poisoning abroad?
A: If you booked a package holiday, the UK tour operator may be held responsible under specific travel laws.

Q5: How long does a food poisoning claim take?
A: Simple cases may settle in weeks. More complex cases can take 6–12 months or longer.

Q6: Will I need to go to court?
A: Most claims are settled out of court, but a solicitor will advise if legal proceedings are needed.


Conclusion

Making a claim for food poisoning is your right if negligent food handling caused your illness. Whether it happened at a local restaurant or abroad on holiday, you could be entitled to financial compensation for your suffering and losses. Don’t wait—gather your evidence, seek legal advice, and start your claim today.