Food Poisoning Compensation Claim Guide UK 2025 — Who Is Liable & What Can You Claim?
Food poisoning from a restaurant, takeaway, supermarket, or packaged food can leave you seriously ill. If it was caused by negligence — contaminated food, poor hygiene, inadequate refrigeration, or incorrect labelling — you may have a claim against the business. This guide explains who is liable, what evidence you need, and what compensation is available.
Food poisoning claims: 3-year limitation period from date of illness. No Win No Fee available for most cases with medical evidence. Report to local authority Environmental Health to trigger an investigation (independent evidence for your claim). Small claims court viable for under £10,000 without a solicitor.
Liability for Food Poisoning
Three legal routes to compensation exist for food poisoning:
- Consumer Rights Act 2015 — food must be of satisfactory quality, fit for purpose, and as described. Contaminated food clearly fails this standard. The retailer who sold the food is liable even if they did not prepare it.
- Consumer Protection Act 1987 — strict liability (no need to prove negligence) against the manufacturer of defective food products. Applies to packaged food with a manufacturer or producer. Ideal for supermarket food poisoning claims against manufacturers.
- Negligence — the restaurant, caterer, or supplier failed to take reasonable care in preparation, storage, handling, or labelling of food. You must prove both breach of duty and causation.
For restaurant and takeaway claims, reporting to the local authority Environmental Health (EH) team is strongly recommended. EH can inspect the premises, take food samples, and interview staff — all of which generates independent evidence supporting your claim. If EH takes enforcement action against the restaurant, this is very powerful evidence.
Proving Causation — The Key Challenge
The most difficult aspect of food poisoning claims is proving that the specific food caused your illness (causation). You need to show: you ate the food; the food was contaminated or unsafe; and the contamination caused your illness. Medical evidence is crucial — if you saw a GP or were hospitalised, medical records will document your symptoms. If a stool sample was taken, laboratory results identifying the pathogen (Campylobacter, Salmonella, E. coli, Norovirus) are very strong evidence. If multiple people ate the same food and became ill, this is powerful evidence of a common source.
Compensation Ranges — JC Guidelines
| Severity | Duration | Award range |
|---|---|---|
| Trivial | 1–2 days | Up to £950 |
| Minor | 2–3 weeks | £950 – £3,710 |
| Moderate | Weeks to months | £3,710 – £9,540 |
| Serious | Significant hospital admission, ongoing symptoms | £9,540 – £36,060 |
| Severe / fatal | Life-altering or fatal | £36,060+ |
Frequently Asked Questions
Complain to the restaurant in writing (email) at the same time as reporting to Environmental Health and seeing your GP. Do not delay — the restaurant should preserve any remaining food and records, and you should see a GP promptly while symptoms are fresh. The complaint to the restaurant starts the formal process. If they deny liability, a solicitor and No Win No Fee arrangement becomes the next step.
If you were on a package holiday (flights + hotel booked together), the Package Travel Regulations 2018 make the UK tour operator liable for illness caused by the holiday. You can claim in English courts against the UK tour operator. Specialist holiday sickness solicitors handle these cases regularly on No Win No Fee. If you booked elements separately (not a package), jurisdiction is more complex.