What are Food Poisoning in Hotel Claims?
If you have suffered from food poisoning while a guest in a hotel, you may be eligible to make food poisoning in hotel claims for compensation. A compensation claim for food poisoning in a hotel is a legal civil action which can be made when the accommodation in which you were staying has a responsibility for your health and safety and has failed in its “duty of care” to prevent an injury from food poisoning.
Many people suffer from food poisoning when staying in hotels, and some people believe that the injury is so mild or difficulty so great in making food poisoning in hotel claims – especially when their hotel was located overseas – that it is not worth making a claim for food poisoning compensation. However, if you have experienced a severe reaction to the unhygienic food, and your overseas hotel accommodation was booked by a USA-registered tour operator as part of a package deal, you will be able to make a food poisoning in a hotel claim for compensation against the tour operator rather than against the hotel – irrespective of where the hotel was located.
What is meant by a Hotel´s “Duty of Care”?
In order to successfully claim compensation for food poisoning in a hotel, it has to be proven that the hotel, resort or other guest accommodation was negligent by failing to identify a risk of food poisoning and discard the infected food to prevent the food poisoning injury from occurring – and that the hotel´s negligence in failing to make the food it provided safe to eat resulted in you sustaining an injury. This breach in their duty of care makes the hotel liable for your food poisoning injury and gives you the right to claim compensation for food poisoning in a hotel.
It should however be explained that a hotel´s duty of care in relation to food is not always “absolute”. This means that if the item of food which caused the food poisoning had only just been recognised as a hazard to health and the staff at the hotel did not have a reasonable period of time in which to remove the infected food, it may not always be possible to claim compensation for food poisoning in a hotel. For this reason, it is always in your best interests to discuss the injuries you suffered due to food poisoning – and those suffered by other guests at the hotel – with a lawyer to establish that you are qualified to make a claim for food poisoning compensation.
Your Health Comes before a Claim for Food Poisoning in a Hotel
When making a claim for food poisoning in a hotel, in addition to establishing that the hotel was in breach of its duty of care, it is also important to prove that the food poisoning you suffered resulted in a quantifiable injury. Consequently it is vital that, after sustaining an injury due to food poisoning, you received professional medical attention as soon as possible. By immediately visiting the nearest hospital or clinic, the injuries that you sustained due to the food poisoning will be officially recorded and can be added to your medical notes along with any ongoing treatment or long term consequences to your health on your return home.
If you waited until you returned home to seek professional medical attention, or relied on medication administered at the hotel, it could be claimed by the hotel or tour operator that your food poisoning was not significant enough to warrant hospital attention at the time, or that you contributed to the severity of your food poisoning injury by delaying a professional examination. You may still be entitled to claim compensation for food poisoning in a hotel, but how much compensation you receive may be reduced to reflect your own lack of care.
Making Compensation Claims for Food Poisoning in a Hotel
Once it can be determined that you have suffered a food poisoning injury due to a hotel´s breach in its duty of care, you can make compensation claims for food poisoning in a hotel against the USA hotel or USA-registered tour operator. Your lawyer will write to the negligent party, advising it that you are making a claim for food poisoning and the hotel or tour operator – or more frequently, their public liability insurers – then has 90 days to conduct its own investigation into your claims of food poisoning and advise your lawyer whether they will accept liability for your injuries.
If liability for your food poisoning injuries is accepted by the negligent hotel or tour operator, your lawyer will liaise with their public liability insurance company to obtain the maximum possible settlement of compensation for food poisoning in a hotel. Should liability for your injuries be contested, your lawyer will issue court proceedings – an action which often prompts an offer of settlement from the negligent party´s public liability insurers, who may be reluctant to take a chance on the outcome of your food poisoning in a hotel claim for compensation and keen to save money on potential court costs.
As offers of settlement for food poisoning in hotel claims may be made to you directly by the insurance company, it is advisable to be aware of how much compensation for food poisoning in a hotel you may be entitled to, in order that you do not inadvertently accept an inappropriate offer and are undercompensated. Should you accept an offer of compensation for food poisoning in a hotel which is inadequate for your needs, you cannot go back to the insurance company and ask for more!
How Much Can I Claim for Food Poisoning in a Hotel?
How much compensation for food poisoning in a hotel you will be entitled to receive will depend on the nature and severity of your food poisoning injury in relation to your age, and your general state of health prior to your holiday. The way in which the food poisoning injury affects your quality of life will also be taken into account if symptoms of the food poisoning remain after you return home, and it is advisable that you maintain a diary in order to record the occasions when you are unable to perform day-to-day tasks or participate in leisure and social pursuits as a consequence of any remaining symptoms of the food poisoning.
Any expenses you have incurred for medical treatment can be recovered in a claim for food poisoning compensation, along with any sundry costs and any loss of earnings you may have experienced if the food poisoning prevents you from working. Consequently, no two food poisoning in a hotel claims are the same – even when the nature of the symptoms is identical – and this is a good reason why you should always seek professional legal advice when claiming compensation for food poisoning in a hotel.
“Contingency Fee” Food Poisoning in a Hotel Claims
Most lawyers will offer a free initial assessment of your food poisoning injury, and advise you whether you have a claim for food poisoning in a hotel which is worth your while to pursue. Should you have a food poisoning in a hotel claim which has a strong probability of success, you will be offered legal representation on a “Contingency Fee” basis.
“Contingency Fee” food poisoning in a hotel claims enable you to pursue compensation for your injuries without having to worry about lawyer´s fees if your claim for a food poisoning in a hotel is unsuccessful. However, as you may be liable for the hotel´s or tour operator´s legal fees if your case is lost, lawyers offering “Contingency Fee” food poisoning in a hotel claims will want to know of any legal fees insurance you may have attached to a household contents or car insurance policy and will recommend that you to take out additional protection if necessary.
Free Legal Advice about Food Poisoning in a Hotel Claims
If you, or somebody close to you, have suffered from food poisoning in a hotel, you are invited to call our freephone service and discuss the circumstances of your food poisoning injury directly with an experienced public liability lawyer. Our lawyer will provide you with practical and helpful advice which is relative to your personal circumstances and answer any questions you may have about claiming compensation for food poisoning in a hotel.
There is no obligation on you to proceed with a claim for food poisoning in a hotel once you have spoken with us and all conversations between yourself and our lawyers are completely confidential. We would advise that you speak with us as soon as practical after you have received professional medical attention for your food poisoning injury to maximise the likelihood of a successful compensation claim for food poisoning in a hotel.
Related types of accidents: compensation for hotel injuries, compensation for airplane injuries.