Burger van food poisoning compensation claims

This article sets out what you should know about making a successful burger van food poisoning compensation claim.

How much can I claim?

Food poisoning is a condition that occurs from eating food contaminated with harmful bacteria, toxins or other micro-organisms. Food poisoning often occurs because food has been prepared to inadequate health and hygiene standards. This can include:

  • Foods not being cooked thoroughly
  • Staff failing to wash their hands before handling food
  • Food not being stored in a chilled environment before preparation
  • Food being past it's 'use by' date
  • Food being reheated

The owner of a takeaway or burger van has a duty of care to ensure that the food served on their property meets health standards and is prepared in a clean environment.

The Food Standards Agency is responsible for awarding a 'Star Rating' for food hygiene based on inspections from the local authority. This ranges from '5' which means an establishment has a very good standard of food hygiene to '0'. A '0' health rating may lead to the temporary closure of an establishment until it's health standards have been significantly improved.

Many takeaways and food vans display their star ratings, or these can be found on the Food Standards Agency website.

Burgers on griddle

Do I have a burger van food poisoning claim?

If you have suffered from burger van food poisoning in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.

Do I have a claim?

Making a compensation claim

Food poisoning can cause vomiting and diarrhoea. Most people who suffer from food poisoning recover within a few days but severe food poisoning can lead to hospitalisation. This is most common in young children and elderly people.

In order to make a compensation claim, a claimant would have to prove that it was the food they bought from the particular establishment that made them ill.

Medical advice should be sought and the claimant should inform their GP that they suspect they have food poisoning. Evidence on medical records would further support the case in Court.

The receipt from purchasing the food should also be retained if possible, and the names and contact details of anyone who ate with the individual should be collected as they may be able to provide a witness statement.

The compensation sum will be dependent on the severity of the illness and any further expenses incurred e.g. medical treatment, loss of earnings due to absence from work.

How much compensation can I claim for food poisoning?

The amount of compensation you will receive depends on a number of factors. Our food poisoning compensation calculator provides an accurate estimate of your likely compensation.

How much can I claim?

Meet the QLS team

Quittance's national panel of solicitors handle all types of personal injury claims and have a wealth of expertise with fast track, complex and serious injury claims. Our lawyers are selected on the basis of their level of specialist experience and their track record in recovering compensation.

Click here to meet more of the team.

Kevin Walker Serious Injury Panel Solicitor
Emma Bell Employers and Public Liability Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor

No win, no fee burger van food poisoning claims

Legal Aid is no longer available for injury claims.

Personal injury solicitors now work on a No Win, No Fee basis.

No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.

If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.

Read more about how a No Win, No Fee agreement works

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert

Ask an expert

If you have any questions about the claims process or any aspect of injury compensation, let us know: