As the weather gets warmer, everyone is looking forward to their summer holidays. Most of us (especially those with school children) will be patiently waiting for the six weeks school holiday to finally be able to enjoy their long-awaited holiday abroad. Whilst most of us will have an enjoyable time, some of us may not be as fortunate and could fall ill, ruining the holiday.
There are various types of illness that can occur on holiday, with the most common of them all, food poisoning caused by salmonella poisoning, campylobacter virus. Symptoms of food poisoning include diarrhoea, stomach cramps, nausea, sickness and raised temperature amongst others. Are you entitled to compensation for food poisoning if you suffered them abroad? The short answer is yes you are, so long as you were on a package holiday. For more general information regarding holiday sickness claims, please click on this link: Accidents and Illnesses Abroad
These types of claims would often fail on evidence. Briefly, in the case of Lavelle v Thomas Cook Tour Operators (2017), the Claimants sought compensation from their tour operator with whom they booked their all-inclusive 14-day holiday to Gran Canaria. Their booking included their flights and accommodation. Shortly after the start of their holiday, they became ill. Their claim was that they had only eaten in the hotel and that the standards of food hygiene at the hotel were poor. Unfortunately, they had made no complaints whilst on their holiday. They also did not seek any medical attention and/or assistance after they had become ill whilst on holiday. A customer satisfaction questionnaire was completed on the plane home and no issues were reported. In light of the evidence, or indeed the lack thereof, the claim failed. The Court found that the Claimants’ evidence was inconsistent and did not accept that the Claimants had suffered an illness. The claim was dismissed on the basis of the evidence.
It is important that if you have suffered an illness whilst on holiday, that you seek medical attention immediately, be it from the hotel you are staying with, or the local hospital. If you are able, get a stool sample but ensure that you retain any records or reports from the hospital. If you are still suffering from symptoms after your return from holiday, you should also attend your own GP/A&E (depending on the severity of your symptoms). In food poisoning cases, you should make a note of all the food and drinks you have consumed in the past few days. This is important when trying to show the cause of your food poisoning. You should take into account how long after you started your holiday that you started suffering from your symptoms as to how far back you should go when making your note. It goes without saying that you should also ensure you are honest when completing any questionnaires/surveys about your holiday.
If you have suffered an illness whilst on holiday, please contact our specialist team on 01429 225200 who will be in the position to offer you advice and guidance as to the prospects of your claim.
Call: 01429 225200