Q&A Can I sue hotel that gave me campylobacter food poisoning?

Q:      I spent two weeks in bed with campylobacter food poisoning. As I have autoimmune problems, I have been left with additional long term health problems. My GP sent off a sample which proved I had it. I had attended the hotel for a monthly club meeting and four of us were ill after eating that night, although two of the group did not see their GP. When I phoned the restaurant, they were defensive, not even offering a refund for the meal. What should I do?

A:       If you would be happy to accept a refund for your meal, you should write to the owner or manager of the hotel to complain and request a full refund. You should provide full details of what happened and include that others in your group also fell ill after consuming their meals.

However, you may wish to consider making a claim for compensation for the pain and suffering you have experienced and are likely to continue to suffer due to the effects of campylobacter on your already compromised immune system. If that is the case, do NOT write to the hotel to ask for a refund as this could muddy the waters and potentially compromise your ability to claim personal injury damages if certain terms are agreed as part of acceptance of the refund. Instead, you need to speak to a solicitor.

The key to a successful claim will lie in how much evidence you have and how much evidence your solicitor can obtain. For example, the hotel’s Food Hygiene Reports may well prove key, as will witness evidence from the other members of your group. Medical evidence will also need to be obtained from well-respected experts, to prove your case. Seeking advice from a local personal injury lawyer would be advisable.

This question has been answered by Claire Parfitt, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

Claire Parfitt

Claire Parfitt

Senior Solicitor

Senior Solicitor within our Civil Litigation team in Wrexham and Oswestry