If you contract food poisoning while on holiday abroad, you may be eligible for a compensation claim from your package travel agent, according to holiday sickness claim law. This law falls under the field of law called personal injury law, which applies when someone else's neglect, wrong-doing, or mistake causes you some kind of physical or psychological injury. In the case of holiday sickness, the injury is caused by the food poisoning.
When can You Make a Holiday Sickness Claim?
If you're on a package holiday you booked via a travel agent or other package provider, and you get food poisoning while on holiday, you may be able to claim compensation. This applies even if you don’t have travel insurance, because package holidays are covered by the Package Travel, Package Holidays and Package Tours Regulations of 1992. These make it possible for people to claim compensation if they fall ill while on a package holiday.
Under these regulations, a package holiday is one where two or more components of the holiday are offered together for one price. In addition the service being provided must last at least 24 hours. For instance, if you book a week in a hotel and your flights together for one total price, this would count as a package holiday.
The kinds of illnesses that apply in this instance are illnesses such as norovirus and food poisoning caused by bacteria such as salmonella and E. Coli. As these are entirely preventable illnesses, contracting one of them while at a restaurant or staying in a hotel can constitute negligence. This can apply to sicknesses contracted at hotels, in restaurants, on cruise ships, and in other holiday locations. If the sickness is contracted in a location that you paid for as part of your package holiday, the law allows you to make a claim for compensation.
Making a Compensation Claim
In most cases it’s best to talk to a solicitor about making a compensation claim for holiday sickness. A solicitor can give you legal advice about how likely you are to win compensation, and how to proceed with the claim process.
Holiday Sickness Resources
BBC News: Crackdown on false holiday illness claims - Interesting article published by the BBC.
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