Claiming compensation for food poisoning
What is food poisoning?
Food poisoning is an intense illness which is caused by eating food that is contaminated with bacteria. It is a ‘catch all’ term for many types of bacterial gut infections, such as those caused by salmonella, listeria and e-coli.
How is it caused?
The most common cause of food poisoning is through eating food contaminated with bacteria; by not cooking, handling, preparing or storing food properly.
We eat food in many different places throughout the day, so food poisoning could be contracted from a meal served in a restaurant or cafe, a product from a shop or stand or any other outlet. When we decide to eat in a restaurant, or buy a sandwich from a shop, we should be able to expect that the food will be prepared and stored properly so that it is safe for us to eat. It makes sense for the owners of the business, and it is also a legal requirement.
What are the symptoms?
There are several symptoms that can indicate a person may be suffering from food poisoning. They are:
Being sick
Feeling sick
Stomach ache and cramps
Tiredness
Diarrhoea and/or an upset stomach
A high temperature
Aching muscles
Shivering and sweating alternately.
It is possible for these symptoms to be caused by other illnesses so if you are experiencing any of them it is important to be properly diagnosed by a medical professional if you are worried.
A person suffering from food poisoning may become ill within just a few hours of eating the contaminated food, but sometimes the symptoms do not begin to show until several days later, so it can often be difficult to trace the source of the contamination.
What to do if you think you have been affected by food poisoning.
You should seek medical advice immediately. You should keep a note of when and where you purchased and/or ate the food or drink you think may have caused your illness, and also write down anything else you have eaten. Keep your receipts, the packaging and any of the food that you may still have.
If you believe that the food poisoning may have been caused by food bought from a food outlet then it is important to let the doctor know, so that the environmental health department can be notified. The environmental health department will often then carry out an inspection and also try to find out if any other people have been affected.
The Food Standards Agency estimate that every year around 5.5 million people in the UK contract food poisoning, yet less than 100,000 of these cases are actually reported as the majority are not very severe. A lot of people don’t realise that if they have contracted food poisoning from a food outlet, and which is not their fault, then it is classed as a personal injury and you could make a claim for food poisoning compensation.
How do I make a compensation claim if I’ve suffered from food poisoning?
If your doctor confirms that you are suffering from food poisoning, you may be able to make a claim for compensation for the pain and suffering that you have been caused, and perhaps for any earnings that you have lost as a result of not being able to go to work while you were ill.
In order to begin a claim, then you need to contact a competent solicitor who specialises in personal injury work. Check their credentials online, and get in touch straight away; the longer you wait before starting your claim the harder it will be to trace the source of the outbreak and others who have suffered. Do not approach the food outlet you suspect caused your illness yourself, doing things through a solicitor means that you are more likely to get the full amount of compensation that you deserve.
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About the Author:
Mike Massen is a practising solicitor with Gartons Solicitors Leeds – 0113 2310766, mmassen@gartonsolicitors.co.uk www.gartonsolicitors.co.uk. Gartons provide quality legal service in the following areas: accident claims, buying and selling property,wills and probate, Lasting Powers of Attorney, criminal injury claims, sexual abuse claims. Gartons have particular expertise when dealing with dogbites and needlestick claims.
If you have found this article of interest please feel free to forward to other sites etc however I would ask that you give full credit to Gartons Solicitors for such, thank you.
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