If you have suffered from illness caused by the negligence of a hotel, be it from poor general hygiene or food safety, you may be entitled to make a claim. All tour operators are duty bound to ensure that the hotels that they do business with are compliant with the international hygiene procedures and food safety standards.
I’ve been on holiday and had food poisoning. What can I do?
The most common illness complaint whilst on holiday is that of food poisoning. Up to a quarter of UK travellers have reported having suffered from food poisoning while on holiday. If you believe that you are suffering from food poisoning it is essential to seek medical help immediately, as the consequences could be serious if it is left untreated.
It is also important to seek a diagnosis of food poisoning if you want to make a claim. It is therefore advised that you keep a copy of any documentation that you receive, including any receipts for treatment, medication or other out of pocket expenses related to the food poisoning. Salmonella is one of the leading causes of serious food poisoning that commonly affects holidaymakers. It is most often found in dairy products, fish, meat and can cause severe symptoms that can be dangerous.
These symptoms can last for several days and can be treated with antibiotics in most cases, however, if it is left untreated the symptoms can become serious enough to require hospitalisation and further treatment, which could lead to lasting side effects.
Other common issues for holidaymakers include Staphylococcus aureus, Campylobacter, E. coli, Shigella and Clostridium botulinum bacteria, all of which cause symptoms which are similar to Salmonella food poisoning and must be confirmed by a medical professional. It is not always the fault of the hotel that these things occur, it is sometimes the case that we just fall ill and nobody is to blame, however, do not discount your claim before you know that there was no reasonable way to prevent your illness.
What if my holiday was not a package deal – am I still covered for compensation?
If your holiday was not a package deal booked through a tour operator, you may still be able to pursue a claim against the hotel itself or their insurers. It is increasingly common that people book their holidays online and from separate providers, as it is so cheap to do so. In this situation, we would require the booking documents and details to review before we can advise whether you would be able to pursue a claim or not.
In all circumstances, JMR Solicitors will be able to advise you whether or not you have a valid claim, where best to direct your claim and against whom.
Is there a time limit to when I can bring about a claim?
Please note that as with most claims of this nature, there are strict time limits to seek compensation. These time limits vary from country to country; however, we will be able to advise you of the details at your consultation. If you are able, it is advisable to take the following steps to assist your claim:
- Take a sample of the food that you think may have caused your illness
- Take photographs or video footage of any poor hygiene or food preparation standards
- Keep a diary of all food and drink that you have taken, including where you got it from
- If there are other holidaymakers suffering from illness, ask them for their contact details and get permission to contact them later regarding their illness
- Report your illness to the resort and your tour operator and ask them for a copy of any report made or a record of your complaint. If you are unable or have not done any of the above, we will still be able to assist and advise you with regards to your claim.
Contact JMR Solicitors for legal advice on how to bring a compensation claim forward due to holiday illness.