£19,500 compensation for honeymoon food poisoning

Circumstances

Compensation of over £19,000 was awarded at Redditch County Court in a recent holiday food poisoning case.

The Claimant and her husband had gone on a holiday package tour for their honeymoon purchased from the Defendants. The honeymoon holiday's combined cost was £4,000 for 14 days. The Claimant began to feel unwell on the third day of the holiday. This was the first day of a three day safari trip. Overnight the Claimant had significant diarrhoea. She had been sick a number of times. She had on going continual stomach pains.

The sickness stopped but the stomach pains and diarrhoea continued after the Claimant returned from the safari trip. The Claimant spent most of the rest of the holiday in her hotel room. She did not wish to be far from a toilet in case she had another bout of diarrhoea. Need less to say the honeymoon trip was completely ruined.

Upon returning home the Claimant decided to visit her Doctor. Whilst the most serious symptoms had settled down within 21 days she still had moderate on going symptoms. A diagnosis of salmonella was made. The Claimant was left with irritable bowel syndrome. This would be permanent.

Negotiations

The Claimant and Defendants solicitors entered meaningful negotiations to try reach an amicable settlement. However negotiations broke down. The Claimant commenced legal proceedings in the county court for a Judge to decide on the appropriate level of damages to be awarded..

Court Award

The Claimant's case eventually reached Trial 3 years later. At that time the Claimant was still suffering . She had stomach cramps, spells of diarrhoea and anxiety. Medical evidence obtained in support of the Claimant's claim suggested the symptoms would be permanent. There was not likely to be any improvement in her symptoms. On the other hand the symptoms were not expected to become worse either.

A Judge sitting at Redditch County Court awarded the Claimant £17,000 for her pain suffering and loss of amenity. An additional sum of £2,500 was awarded for the devastating effects on the Claimant's honeymoon, which was all but ruined. In today's values this would be worth £23,000 as against £17,000 for pain suffering and loss of amenity.