Dear Claudine,

A week ago my girlfriend and I got very bad food poisoning directly after eating in a restaurant. I telephoned the restaurant and explained to them that we had both been extremely ill for 3/4 days and that we believed it was caused by the food which we had eaten at their restaurant. The restaurant manager was extremely rude and refused to take any responsibility. We were so ill that we both had to attend our Doctor who confirmed that we were suffering from food poisoning. Can we get compensation?

Thank you

Anthony

Dear Anthony,

Thank you very much for your letter. I can confirm that you are entitled to compensation for food poisoning in a restaurant once it can be established that the food which you ate at the restaurant was the source of the food poisoning. The food poisoning may have occurred because the restaurant staff handling the food didn’t wash their hands or alternatively the food which you ate may not have been cooked sufficiently. The type of food poisoning which you have suffered is possibly related to the type of food which you ate. Food poisoning can be caused by raw poultry, untreated water, red meat and salmonella caused by unpasteurised milk, eggs, raw egg products and poultry. It is extremely important that you both document your symptoms which can range from vomiting, diarrhoea, and stomach cramps, to very serious symptoms such as damage to the nervous system, paralysis and in extreme cases death. Many people experience fever, dehydration, and general fatigue. Fortunately, as you both attended with your GP, all of your symptoms, their severity and their duration will be detailed in your Medical Records. It will also be necessary to prove that the restaurant was the source of the food poisoning. Ideally, you will need the actual bill proving your attendance at the restaurant and any form of payment such as credit card/laser card receipts which would also be useful. It might also be possible to establish a causal link between the specific form of food poisoning which you experienced with the type of food which you ate. In light of the fact that both you and your girlfriend suffered from food poisoning, you may even have eaten the same type of food. You did not mention if anyone else suffered food poisoning around the same time. However, given that you and your girlfriend both suffered with food poisoning after having eaten at the same restaurant, at the same time, then this would considerably improve your chances of proving that the source of the food poisoning was the restaurant. If you are seeking compensation then, it will be necessary for you and your girlfriend to take a claim for personal injuries against the restaurant in question. You have two years from the date you experienced food poisoning within which to pursue a claim. Your claim for compensation will be based upon your Medical Reports which you or your Solicitor will obtain from your GP, detailing your physical injuries. I hope that at this stage you are both restored to good health. If I can be of any further assistance to you, then please do not hesitate to contact me.

With every good wish.

Claudine