Depending on the impact of your food poisoning you could claim up to £175,000 in compensation from your tour operator. The possibility of successfully winning a case against your tour operator will be greatly increased if you have provided as much information as possible. If you have not already viewed our page on How to make a claim for food poisoning while on holiday then please do so.
Judgments are often guided by the Judicial Studies Board’s ‘Guidelines for the Assessment of Personal Injury Claims’. This guideline provides an estimate of the amount of compensation which can be awarded for the ‘pain, suffering and loss of amenity’.
These figures do not take into account the cost of a ruined holiday or other expenses not included in the guidelines. Therefore your claim could be for significantly more than below.
The text below is taken from the Guidelines for the Assessment of General Damages in Personal Injury Cases – click below for the link.
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning. There will be a marked distinction between those, comparatively rare, cases having a long-standing or even permanent effect on quality of life and those in which the only continuing symptoms may be allergy to specific foods and the attendant risk of short-term illness.
- (i) Severe toxicosis causing serious acute pain, vomiting, diarrhoea and fever, requiring hospital admission for some days or weeks and some continuing incontinence, haemorrhoids and irritable bowel syndrome, having a significant impact on ability to work and enjoyment of life. £50,000 – £175,000
- (ii) Serious food poisoning, diarrhoea and vomiting diminishing over two to four weeks but leaving residual discomfort for a protracted period. Contributing factors may include: – • disturbance of bowel function • impact on sex life • enjoyment of food. £17,000 – £40,000
- (iii) Food poisoning causing significant discomfort, stomach cramps, alteration of bowel function and fatigue. Hospital admission for some days with significant symptoms lasting for some time but complete recovery within two years. £6,000 – £17,500 (iv)Varying degrees of disabling pain, cramps and diarrhoea continuing for a short period of time. To £6,000
Please note that the above guidelines are subject to change without notice. We take no responsibility for any changes to this information or reflection to any compensation you receive.
You may also wish to do some research yourself around the subject. There are a number of publications we have been recommended by our reads such as