Food and drink illness claim solicitors.
Have you suffered and illness or food related injury after dining out, or buying an items from a shop? If you have, contact MG Legal and speak to one of our personal injury experts to discuss whether you have a claim against the supplier of the food or drink.
MG Legal accept illness and food compensation claims on a No Win No Fee basis, meaning there is no financial risk to you and we will have your claim started straight away.
I've suffered injury or illness from contaminated food, what type of compensation can I claim for?
Whenever you buy a food or drink item, you are owed a duty of care by the supplier, whether a restaurant, café, food stand, hotel, supermarket or corner shop, to provide you with food or drink or satisfactory quality and which is safe for you to consume.
There are various standards that must be met with all food products, particularly detailed under the Consumer Rights Act 2015, which sets out that goods and services must be of a satisfactory quality, fit for purpose, and as described. Estimates place the number of food poisoning cases per year in excess of 2 million and so, this is still very much a real issue. Types of claim you can make include:
Failure to label allergens
Burns from hot items
What type injury can I claim for in a food or drink illness and injury claim?
Depending on the nature of the negligent act, injuries arising from food and drink claims can vary greatly but below are some of the most common injuries MG Legal help clients claim for are:
• Gastric illness, also known as food poisoning which often causes nausea, vomiting, diarrhoea, stomach cramps and fever;
Secondary reactions or injuries, such as skin reactions or oesophageal tears;
• Illness or death from carbon monoxide (from staying in poorly maintained hotel
• Damage to teeth or mouth from foreign objects in food;
• Choking on foreign objects;
• Allergic reactions to unknown allergens whether not listed on packaging or not
advised by staff when queried;
• Burns from food, drink or surfaces that are not properly protected, packaged or
• Psychological injuries/trauma.
What other types of loss can I claim for?
Food poisoning or injury can often incur secondary losses, known as Special Damages. MG Legal’s expert personal injury solicitors will ensure that your claim is dealt with comprehensively so you are not out of pocket at the end of the case.
Special Damages often include:
• Lost Earnings
• Medical Expenses
• Transport Costs
• Care and Assistance Costs (including family or friends looking after your
• Refund of cost of your meal/food/hotel
• Replacement items such as clothing or dental items
• Mileage for Travel
• Diminution of value of holiday (if you get ill whilst staying away from home
If you are unsure about any potential loss, speak to one of our specialist solicitors and they will advise on what evidence you will need to help recover the loss. If in doubt, hold on to any paperwork, receipts, emails, diaries or invoices and then provide these to our offices and we will endeavour to recover the full value of your loss.
What evidence do I need for a food and drink illness compensation claim?
Food and drink related illness can be more difficult to prove that, say, a Road Traffic Accident, simply because in many cases, you have left the hotel or restaurant and the cause of the illness has been disposed of before you know you are ill.
Should you know about a problem with the food or drink whilst it is still in your possession, try to take a photograph of the cause, if you are served undercooked chicken for example, take a photograph of the “pink” middle, or in the case of a foreign object, a photograph of the offending item. It can assist if you make a report to the restaurant or shop where you purchased the meal, showing the manager where possible the issue you have found.
The same applies for any item which you believe has caused an allergic reaction, keeping hold of the wrapper, taking photographs of any labels on a shelf or serving counter and if possible, retaining the item itself by freezing it in a sealed container can all help with supporting your claim at a later date.
This is, of course, not always possible and so if you become ill, a medical examination is generally advisable, primarily for your own health and wellbeing but also because any tests that are performed can identify the specific microbe that has caused your illness. The same goes for any injury, seeking medical attention following any choking or mouth injury and dental attention for any tooth injury.
Burns and other external physical injuries again should be reported and wherever possible, photographs taken showing that there was no “warning” sign on the side of a surface or that your hot beverage was not put into a properly safe takeaway cup with a tight-fitting lid.
In many of these cases, much of the evidence required will come from ‘behind the scenes’ such as hygiene or health and safety audits, history of illnesses and staff training policies. These are all items that your expert solicitor will obtain in support of your claim from the fault party or their insurance company.
If in doubt, contact MG Legal and ask to speak to one of our personal injury specialist solicitors for further advice.
How long do I have to make a claim?
Subject to the Limitation Act 1980, if you have suffered personal injury as a result of food or drink related illness, you have three years to pursue a claim for compensation. There are exceptions, for those under 18 years old at time of the injury, in that minors have three years from their 18th birthday within which to make a personal injury claim. Time limits may differ if you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject a lasting power of attorney. If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts, here.
Why choose MG Legal for a food and drink illness compensation claim?
MG Legal are experts in the personal injury field and our specialist solicitors deal with this type of claim every day. All claims accepted are handled on a No Win No Fee basis, at no financial risk to you and our success rate for obtaining compensation for our clients exceeds 99%. With MG Legal you are in safe hands and our down-to-earth approach to our clients is geared towards ensuring that you understand what is going on with your claim at all times and being confident that there is no firm better suited to your needs than MG Legal.