Burger van food poisoning claims
Updated: October 8, 2018
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.
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.Back to top
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.Back to top
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.Back to top
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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.
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