have you suffered Food Poisoning?
Let us get you the compensation you deserve.
Eating food contaminated with bacteria, viruses, toxins, or parasites can cause severe and sometimes long-term health problems. Where food poisoning occurs in a hospitality venue, private event, or from purchasing ready-made food or ingredients, you may be eligible to claim compensation under public liability law.
As personal injury law experts, Carbone Lawyers has experienced food poisoning lawyers on hand to advise you of your rights and help you get the compensation you deserve.
Common Causes of Food Poisoning
Anyone who supplies, prepares, or serves food to others in a non-domestic setting has a duty of care to ensure the food is handled safely in accordance with local council and government regulations.
Food poisoning often occurs because the food
- has not been cooked thoroughly
- has not been stored at the right temperature
- has been handled by people who are ill or have poor hygiene
- has passed its used-by date
- has been cross-contaminated by bacteria on surfaces, utensils or storage areas
- has been infested with parasites or other insects
In any of these cases, bacteria like Salmonella, Campylobacteria, Listeria and E.coli or viruses like Norovirus or Rotavirus can quickly reach dangerous levels and cause symptoms such as:
- vomiting
- diarrhoea
- fever
- headaches
- nausea
- abdominal pain
In some cases, symptoms last a few days, but in severe cases, they may last weeks or longer. If you experience persistent symptoms after food poisoning and believe someone else’s negligence caused your illness, a personal injury lawyer with expertise in food poisoning can advise you on making a public liability claim.
Do I have a food poisoning claim?
The likelihood of a successful claim will be influenced by many factors, such as how severe your sickness is and its impact on your life. Generally, you will need to show:
- The person or company at fault owed you a duty of care and should have taken the proper precautions to avoid harming you.
- The person or company failed in this duty of care.
- As a result, you suffered personal injury and loss.
It’s important to know that the company or person at fault for your poisoning is unlikely to pay you compensation from their pocket. Food poisoning and contamination lawyers will typically make a claim against the insurance company of the person or business at fault. And the insurance company will pay your compensation.
Compensation may be claimed for:
- Past and future medical expenses
- Past and future loss of earnings
- Pain and suffering, as well as loss of enjoyment or quality of life
- Care and help provided by friends, family, or any other individual.
Once you explain your circumstances to a food poisoning lawyer at Carbone Lawyers, they will be able to give you an accurate idea of what you can claim, how much you may be entitled to, and how long the process will likely take.
In most cases, Carbone Lawyers will take on your case on a no-win, no-fee basis, so you’ll only pay our fee if we win your case.
Food Poisoning FAQs
What should I do if I suspect food poisoning?
If you’re suffering the symptoms of food poisoning after you’ve eaten something suspicious, it’s important to seek medical attention to confirm the diagnosis and receive treatment. You should then report the incident to your local council or the Department of Health, keeping whatever remains of the food safely in the fridge in case testing is required. Documenting anything you’ve eaten or drunk along with times and keeping a record of symptoms and medical advice received is a good idea for your recovery and may help with any potential legal action.
Can I claim compensation for food poisoning?
Yes, as with other public liability claims, if you can prove the food poisoning caused you harm and was due to negligence by a specific food provider, you may be able to claim compensation for medical expenses, lost wages, and pain and suffering caused by their food product. The complication with food poisoning cases lies in the long and often separated supply chains in food preparation, determining that negligence has occurred specifically at the restaurant you visited as opposed to their stockist or a food delivery service can be difficult, thankfully our expert personal injury lawyers specialise in all aspects of public liability claims including gathering evidence for food poisoning cases.
How long do I have to file a food poisoning claim?
Typically, claims must be filed within three years from the incident date, though collecting evidence or finding others who may have had similar symptoms grows more difficult the longer you delay. Consult Carbone Lawyers for a free case assessment and to ensure you meet all deadlines.
What are the most common causes of food poisoning?
Food poisoning impacts an estimated 4,000,000 Australians every year, resulting in almost 32,000 hospitalisations. This staggering amount of cases is from a mix of sources, with higher-risk foods including undercooked meats, poultry, eggs, seafood, and prepared salads or cooked starchy carbs that aren’t kept correctly. This already broad range highlights how difficult it can be to determine the source of food poisoning, with cross-contamination and poor hygiene in food preparation making any food a potential source of bugs and toxins.
