Food Poisoning – Know Your Compensation Rights

With the credit crunch beginning to bite, this year many people have chosen to take a summer holiday in this country rather than going abroad. Many of us use a holiday as a welcome break from cooking food at home, however every year there are a small number of food poisoning outbreaks in the UK that can be traced back food purchased from hotels, restaurants or cafes. It is not just the Food Standards Agency that can sue a restaurant for serving unsafe food, ordinary members of the public can make a personal injury claim if they have suffered food poisoning.

In the UK we are fortunate to have some of the strictest food safety regulations in the world. The 1990 Food Safety Act gives anyone who has suffered food poisoning from buying food that was unsafe for human consumption the right to sue the producer or seller. Unlike in other types of personal injuries, such as workplace accidents or road traffic accidents, it is not necessary to prove negligence on the part of the producer or seller. As long as the product in question can be demonstrated as unfit for human consumption then there are grounds to claim personal injury compensation.

It is worth remembering that you can also claim food poisoning compensation if you fell ill after eating food providing as part of a package holiday abroad. It is the duty of the tour operator to make sure all the food on a package holiday is fit for human consumption, so you can still claim even if you fell ill outside of the UK, provided your holiday was booked with a UK tour operator.