Holiday Illness Claims Guide – Salmonella, E-Coli and Campylobacter Food Poisoning

Pursuing a holiday illness compensation claim when you have been sick or ill on holiday abroad or perhaps suffered food poisoning at a hotel can seem a daunting prospect.

The question that holiday-makers often ask is, ‘How much can I claim for my holiday illness in the event that liability is established against a tour operator?’

Bacterium present in hotel food as a result of poor hygiene standards is common in all inclusive hotels in Egypt, the Dominican Republic, Spain, Mexico and Turkey. Infections which often cause food poisoning at hotels include the holiday illness bugs:

• Salmonella;
• E-coli;
• Giardia;
• Shigella; and
• Campylobacter.

Travellers’ are advised that the holiday contracts entered into with major tour operators are often regulated by the Package Travel Regulations [Etc.] 1992. Put in simple terms, these Regulations state that tour operators in the UK are required to pay compensation for any illness which results from the negligent acts or omissions of their hotel suppliers.

All personal injury lawyers are guided by the Judicial Studies Board’s ‘Guidelines for the Assessment of Personal Injury Claims’, and the reported cases of damages awarded by the courts. JSB damages brackets are currently set at:

£22400 to £30000

Poisoning causing disabling pain, vomiting, profuse diarrhoea and fever, requiring hospital admission for months and continuing incontinence, haemorrhoids and irritable bowel syndrome and having a significant impact on work and the ability enjoy life.

£5600 to £11300

Serious short lived food poisoning, diarrhoea and vomiting but which diminishes over two to four weeks with some remaining discomfort and disturbance of bowel function. Holiday Illness claims within this bracket will impact on sex life and enjoyment of food over a few years. If the symptoms are expected to last indefinitely this would attract an award at the top of this bracket.

£2300 to £5600

Food poisoning causing significant discomfort, stomach cramps, alteration of bowel function and fatigue. Symptoms last for a few weeks but complete recovery within two years.

£550 to £2300

Varying degrees of disabling pain, cramps and diarrhoea continuing for some days or weeks. On top of the above damages for pain and suffering compensation is often enhanced by claims for consequential losses, such as, lost earnings, diminution in the value of the holiday, the cost of medication and insurance, and loss of holiday enjoyment.