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How Can You Handle A Food Poisoning Claim?

View profile for SherReene Cheah
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What is the best action to take in the case of a severe food poisoning claim? Tilly Bailey & Irvine solicitor SherReene Cheah explains in our latest blog how we deal with such personal injury claims....

You will have read the news about a British couple who unfortunately died whilst in the Aqua Magic hotel in Egypt.

Their daughter has claimed that, according to the Daily Mail, since then there have been dozens of guests who have claimed that they were taken ill at the Aqua Magic hotel following the contraction of an infection known as Shigella

Shigella is a contagious cause of food poisoning which is said to kill hundreds of thousands a year worldwide. The main sign of Shigella infection is bloody diarrhoea. Shigella can be passed through direct contact with the bacteria in the stool. Signs and symptoms of the infection usually begin a day or two after contact, however some may take up to a week to develop. There are also other well-known causes of food poisoning, for example Salmonella and E-Coli. 

Food poisoning is a problem that holidaymakers suffer whilst abroad. The most common symptoms of food poisoning are diarrhoea and vomiting.  This could affect the young and the old. Contracting food poisoning whilst on your holiday would not only ruin your holiday but potentially your family’s holiday, particularly when the cause of it is not in your control. 

If you or someone you know have contracted food poisoning or an illness whilst on holiday caused by the negligence of the hotel, or the restaurant, or even the tour operator (if you were on a package holiday), then you may have a claim. 

You would have purchased the holiday for a total price, including more than one part of your holiday, for example accommodation and transport. This may also include your cruise-ship holiday. 

To be successful in a claim of this nature, you will need to be able to prove the source of your illness/food poisoning. Proving the source would be easier if you had booked an all-inclusive holiday, as you would likely have had your meals at the Defendant’s premises. It is essential that you note down in detail what was previously eaten. If only one person in the party is affected, you will need to make a note of what the others in the party who are not affected have eaten so that a contrast can be made. This will help prove the likely cause of your illness/food poisoning. 

How long do you have to make a claim? In the UK, you will need to commence proceedings within three years of the illness. That is to say, you will need to ensure you start your claim well before the expiry of the three years, allowing time for investigation to take place on your behalf.

This three-year time limit may differ depending on the law applicable in the country you visited. Therefore, we would not recommend you wait before submitting your claim. 

Choosing the appropriate representation is as important.

At Tilly, Bailey & Irvine, we are a local firm of solicitors with an excellent reputation. If you wish to discuss a potential claim with us, please contact our Personal Injury Team for a free initial discussion. We will be able to advise as to whether we consider you have a claim and would benefit from “No Win No Fee” funding arrangement.

Please contact the Personal Injury team at Tilly Bailey and Irvine on 01642 356403. We will be happy to discuss your claim and may be able to offer a No Win No Fee Agreement. 

 

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