1. What Is a Food Poisoning Claim?
A food poisoning claim is a legal process through which you seek compensation after suffering illness due to contaminated or improperly handled food. If the food provider—such as a restaurant, hotel, supermarket, or caterer—was negligent, and you became ill as a result, you may be entitled to claim for your pain, suffering, and related losses.
Common culprits include bacteria such as Salmonella, E. coli, Listeria, and Campylobacter.
2. Who Can You Claim Against for Food Poisoning?
You can make a food poisoning claim against:
- A restaurant or takeaway
- A hotel or holiday resort (including all-inclusive holidays)
- A supermarket or food supplier
- An airline or cruise ship
- A catering company at events or workplaces
Any individual or company responsible for preparing, storing, or serving food must adhere to strict hygiene standards. If they fail and cause illness, they can be held liable.
3. Symptoms of Food Poisoning and When to Claim
Symptoms of food poisoning may include:
- Nausea and vomiting
- Diarrhoea
- Stomach cramps
- Fever and chills
- Dehydration
- Fatigue
If your symptoms were severe or lasted more than a couple of days—and especially if you needed medical treatment—you may be able to make a claim. You must also be able to show that the illness was caused by contaminated food, not another underlying issue.
4. What Compensation Can You Receive?
The amount you can claim depends on the severity of your symptoms and how the illness affected your life. Typical compensation ranges include:
- Mild illness (a few days of discomfort): £1,000 – £3,000
- Moderate illness (medical treatment required): £3,000 – £10,000
- Severe illness (hospitalisation or long-term impact): £10,000 – £45,000+
You may also claim for:
- Loss of earnings due to time off work
- Travel expenses for medical treatment
- Care and support from friends or family
- Long-term effects (e.g., IBS triggered by food poisoning)
- Cancelled or ruined holidays (if applicable)
5. How to Make a Food Poisoning Claim
To strengthen your claim:
- Seek medical treatment and get a diagnosis
- Keep all receipts and proof of purchase from the food source
- Report the incident to the business and local environmental health authority
- Save evidence (leftover food, packaging, photos of unsanitary conditions)
- Record your symptoms and how long they lasted
- Contact a personal injury solicitor, preferably one who specialises in food-related claims
The more evidence you have, the stronger your case will be.
6. What If You Got Food Poisoning on Holiday?
If you suffered food poisoning while on a package holiday booked through a UK provider, you may be able to claim against the travel company under the Package Travel Regulations. This is common for all-inclusive holidays where food is supplied by the resort.
If you booked the holiday independently, you may still be able to claim—but you’ll likely need to pursue it under foreign legal systems, which can be more complex.
7. Time Limits for Filing a Food Poisoning Claim
In most UK cases, you have three years from the date of the illness to file a claim. For children, the three-year period begins on their 18th birthday.
If the claim involves a package holiday, the time limit may be shorter (typically two years) depending on the contract terms and the country where the incident occurred. Act quickly to ensure you don’t miss the deadline.
Frequently Asked Questions
Q1: Can I claim if others got sick from the same food?
Yes. Multiple claims can strengthen your case. Evidence of a wider outbreak may support your claim.
Q2: What if I didn’t keep the food or receipt?
You may still claim if you have other supporting evidence, such as witness statements, medical records, or confirmation from environmental health.
Q3: Is compensation taxable?
No. Compensation from a food poisoning claim is not taxable in the UK.
Q4: Can I claim for food poisoning at work?
Yes. If your employer or a caterer served unsafe food at work, you may be able to claim against them or their insurance.
Q5: Do I need a solicitor for a food poisoning claim?
While not required, a solicitor improves your chances of success—especially in cases involving serious illness, multiple parties, or holiday claims.
Q6: Will I need to go to court?
Most claims are settled out of court. You’ll only need to attend if liability is denied or a settlement can’t be reached.
Conclusion
Food poisoning can cause serious discomfort, financial loss, and even long-term health effects. Whether your illness occurred in a restaurant, hotel, supermarket, or abroad, you have the right to seek compensation. By acting quickly and gathering the right evidence, a food poisoning claim can help you recover your losses and hold the responsible party accountable.