Can you make a food poisoning claim?
Food poisoning is an illness contracted from consuming food containing bacteria, viruses or toxins. Some of these kinds of bacteria or toxins occur naturally in some foods, while some accumulate it from their surrounding environment.
Common symptoms for food poisoning are related to the digestive system such as abdominal cramps or pain, diarrhoea, vomiting or flu-like symptoms. If not treated properly food poisoning can cause serious long-term problems like kidney function issues. There is a possibility that you can die from food poisoning.
Depending on the kind of bacteria and viruses present in the food the symptoms and effects may vary slightly. Sometimes it is hard to decipher which food caused it or even if you have it. Below are some common effects:
Common types of food poisoning claims
Some of the most common types of food poisoning claims handled by our panel include:
- Gastro and Flu-like symptoms
- Evident from 8 hours- 72 hours, but usually from 12-36 hours.
- Last up to 2-5 days
- Gastro symptoms
- Evident from 2-5 days
- Last up to 2-10 days
- Gastro or Flu-like symptoms
- Can appear within 3 weeks
- Can last up to 70 days
Norovirus or Rotavirus
- Severe Gastro or Flu-like symptoms
- Appears after 24- 28 hours
- Up to 6 days
- Gastro Symptoms
- Appear in 3-4 days
- Last for 7 days
Most people don’t need medical assistance in most food poisoning cases, as the symptoms are not severe and don’t last very long. However, people at high risk should definitely seek medical assistance as soon as possible. Pregnant women, babies, small children and the elderly are recommended to see a medical professional.
For those who are in the low-risk groups should seek medical advice if:
- Symptoms are lasting longer than usual
- Symptoms are getting more severe
- You can’t keep any fluids down for more than 24 hours
- There is blood or mucus in vomit or diarrhoea
For a minor case of food poisoning, you may try different techniques to replenish your fluids and electrolytes. Easing back onto your normal diet after your ready will assist in recovery.
Compensation for Food Poisoning
We have experience in compensation claims for food poisoning within and outside Australia. There are so many factors that determine your eligibility to claim compensation. The two most common questions we encounter:
- Can I make a claim against a restaurant for food poisoning?
- Can I claim compensation for food poisoning that happened on holiday?
The answer is yes, we can help for any of these two scenarios, call us today for a free consultation and case assessment.
Food poisoning does not only occur in food alone, contaminated drinks and water can also be a contributing factor to contracting food poisoning. If you have food poisoning from a contaminated drink or water the Australian Consumer Laws allow you to have the right to claim compensation for your pain and suffering. The law states that food retailers must sell food and drink products which are contaminant free.
If the food or drink was contaminated and you contracted food poisoning whilst on holiday overseas, we can help you claim compensation for against the tour group company as they have the duty of care to provide suitable food for customers.
How to Start
Call Millner and Knight and advise us of the details of the food that caused your symptoms. We will ask you about your symptoms at the time of illness and also how your recovery was. If there were witnesses, we encourage you to record those details in case it is useful in the process of your claim.
Our claims consultant will assist you in finding a specialist in your case and endeavour to find a local personal injury specialist who can assist you. In this free, no-commitment consultation you will be able to have the legal advice you need to protect yourself.
Call us for a free no-obligation consultation on 1800 106 107 or contact us online and we’ll call you back.