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Food poisoning and your legal rights

By Katrina Elsey

Published In: Personal Injury

Food Safety Week is a great time to raise awareness about foodborne illnesses and how to prevent them.

In April, earlier this year, it was reported that tens of thousands of fresh supermarket chickens last year contained a food poisoning bug. One supermarket was found to have up to 1 in 15 raw whole chickens carrying campylobacter, the most common source of food poisoning.

Furthermore, in the news this week, it has been reported that more than 60 food items have been recalled by manufacturers due to fears of the possible E.Coli outbreak which is said to have left people across the UK in hospital.

Dozens of sandwiches, wraps and salads have been recalled in the UK as health officials work to track down the source of an E.Coli outbreak.

The UKHSA confirmed at least 67 people have been admitted to hospital following the outbreak.

Food poisoning, can wreak havoc on our bodies, turning a delightful dining experience into a nightmare. NHS England highlight that the most common causes of food poisoning include food not being stored or cooked correctly,  food that’s passed its use by date or food that’s been left out for too long.

But what actually makes you unwell?

People become unwell when they are exposed to certain bacteria in their food, this includes Salmonella, E.Coli and Campylobacter bacteria. Common symptoms include nausea, diarrhoea and vomiting.

Certain foods are more likely to cause food poisoning including:

  • Raw or undercooked meat, seafood and poultry
  • Raw eggs
  • Unwashed fruit and vegetables
  • Unpasteurised dairy products

Food poisoning can cause life-changing illnesses, that can affect your every day life. It can also cause conditions, such as food phobias and a fear of eating out.

If you have suffered food poisoning it is important that you see your GP as soon as possible. Write a list of everything you ate in the previous 24-hours and keep all relevant receipts from restaurants or supermarkets and if packaged food, any packaging. You should also consider reporting the incident to local health authorities especially if you suspect the food poisoning was from a restaurant or food product.

The Food Safety Act 1990 sets out the  legal requirements that businesses must follow if they serve food.

In cases where food poisoning leads to illness, it's important to understand that legislation often allows for remedy through payment of damages.

Contact our food poisoning claims team

Restaurants and food suppliers have a duty to make sure the food they provide is safe for consumption. Failure to follow hygiene standards can lead to severe cases of food poisoning, for which you can claim compensation.

At Switalskis We know that dealing with poisoning can be a delicate and emotionally taxing affair. Switalskis’ expert personal injury team offers compassionate and clear guidance throughout the entire claims process, keeping you in the loop every step of the way.

For more information about how Switalskis can help you to make a poisoning claim , call us on 0800 1380 458 or get in touch with us at help@switalskis.com .

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Katrina has over 25 years’ experience in the legal sector. She is a Senior Associate Litigation Executive in the Personal Injury department.

Senior Associate Litigation Executive

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