Pop-Up Restaurant Food Poisoning Compensation Claims

If your life, or the life of a loved one, has been affected by food poisoning we can help.

The purpose of this guide is to help anyone who has suffered food poisoning and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming pop-up restaurant food poisoning compensation:

Introduction

It's possible to bring a food poisoning claim against restaurants, caterers, and even a friend who gives a dinner party but some claims may be more problematic than others, as this article shows.

No restaurant-goer is entirely safe from the scourge of food poisoning. In 2009, more than 500 guests at Heston Blumenthal's renowned Fat Duck restaurant were struck down by the dreaded Norovirus. Health officials blamed the outbreak on contaminated shellfish as well as weaknesses in the restaurant's food safety procedures a finding hotly disputed by Mr Blumenthal.

At the time the Fat Duck was widely considered to be the best restaurant in the world. This begs the question, if a leading food establishment can still fall short on food hygiene, what about the food you are buying from pop ups?

Do I have a pop-up restaurant food poisoning claim?

You should be able to make a pop-up restaurant food poisoning injury claim if you were injured:

  • within the last three years, and;
  • another person was to blame, and;
  • that person owed you a duty of care.
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Injury claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a pop-up restaurant food poisoning claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What the law says

When it comes to food safety, the law does not make a distinction between brick-and-mortar restaurants and pop ups, which usually take the form of mobile vans, food trucks, market stalls and marquees.

The most important food safety regulations are Regulation (EC) No. 852/2004 on the hygiene of foodstuffs and The Food Hygiene (England) Regulations 2006 (as amended) (equivalent regulations apply in Wales, Scotland and Northern Ireland).

These rules set out the basic food safety requirements for all types of food service business. They cover such things as:

  • position of the pop up to avoid the risk of contamination, for example, away from animals and pests?
  • the cleanliness and repair of the premises
  • availability of hot and cold water supplies
  • personal hygiene and hand washing facilities
  • hygienic and where necessary, temperature-controlled, food storage.

One of the key requirements of the law is that all eateries, including pop ups, must be able to show the processes they follow to make sure food is safe to eat and have this written down.

So can I sue a pop up restaurant in the same as any other restaurant

The main difficulty with proving a claim for food poisoning is showing that your illness was caused by the food you ate in the restaurant. At the very least you will need a doctor's note confirming that you had food poisoning and the date on which you had it. You will then need to show that, on the balance of probabilities, food from a particular restaurant caused your illness.

Pop up restaurants throw up additional problems, if you will pardon the pun. By their very nature, pop ups are temporary. If you do unfortunately suffer food poisoning after purchasing food from a pop up, the owner may be difficult to track down. Even if you locate the pop up, it may no longer exhibit the environmental conditions that led to you contracting food poisoning from the pop up in its previous location.

Secondly, while restaurants must take out Personal Liability Insurance, insurance is not yet mandatory for pop ups. Without insurance, you may find that the pop up does not have enough money to pay your claim.

Until liability insurance becomes compulsory, prevention may be better than cure. Choose a pop up that displays a Food Hygiene Certificate and use your common sense when deciding whether food safety protocols are being observed.

How much compensation can I claim for pop-up restaurant food poisoning?

The amount of money you could claim for your pop-up restaurant food poisoning will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your pop-up restaurant food poisoning has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a pop-up restaurant food poisoning? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for a pop-up restaurant food poisoning claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a pop-up restaurant food poisoning will depend entirely on your specific circumstances.

Your pop-up restaurant food poisoning compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Can I claim for prescription costs?

Special damages?are awarded for costs or losses incurred as a result of the pop-up restaurant food poisoning injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?

Will I have to pay tax on my pop-up restaurant food poisoning compensation?

If you receive financial compensation following a pop-up restaurant food poisoning injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

Pop-up restaurant food poisoning compensation

Calculating how much compensation you can claim for a pop-up restaurant food poisoning injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your pop-up restaurant food poisoning claim could be worth now:

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How long does a food poisoning claim take?

How long it can take to settle a pop up restaurant food poisoning claim can vary significantly.

For example, a simple uncontested food poisoning claim could be settled in a month or two. If the resonsible party denies liability, it could take substantially longer. Normally, a claim should take 6 to 9 months. See: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your pop-up restaurant food poisoning claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

No win, no fee guarantee

If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making a pop-up restaurant food poisoning injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my pop-up restaurant food poisoning claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my pop-up restaurant food poisoning claim?

If your pop-up restaurant food poisoning claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Pop-up restaurant food poisoning FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a pop-up restaurant food poisoning claim?

In general, you have a time limit of up to 3 years from the date of the pop-up restaurant food poisoning to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your pop-up restaurant food poisoning claim becomes 'statute barred'.

Can I claim for a pop-up restaurant food poisoning after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim pop-up restaurant food poisoning compensation.

In reality, there are a number of factors that can affect whether a pop-up restaurant food poisoning claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

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