How to make a claim for food poisoning

Shigella bacteria.
Shigella bacteria.

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, since then, there have been dozens of guests who have claimed they were taken ill at the Aqua Magic hotel following the contraction of an infection known as Shigella.

This is a contagious cause of food poisoning which is said to kill hundreds of thousands a year worldwide.

Shigella can be passed through direct contact with the bacteria in 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.

Food poisoning is a problem for holidaymakers. The most common symptoms are diarrhoea and vomiting. This can affect the young and the old.

If you or someone you know have contracted food poisoning or an illness whilst on holiday caused by the negligence of the hotel, restaurant or even a tour operator, 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.

Proving 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.

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 you have a claim and would benefit from ‘No Win No Fee’ funding arrangement.