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Compensation for Food Poisoning from Food Purchased in a Supermarket

Is it possible to claim compensation for food poisoning from food purchased in a supermarket? My wife has just been diagnosed with salmonella which she got from deli food purchased in a supermarket.

It is possible to claim compensation for food poisoning from food purchased in a supermarket, although it is strongly advisable to speak with a personal injury solicitor as soon as possible about taking legal action against a supermarket.

A supermarket food poisoning claim has potential to be highly complicated, and while your wife will be entitled to make a supermarket food poisoning claim if it can be established and proven that she contracted food poisoning from food bought in a supermarket, it is not always straightforward to obtain proof that a bacterial or fungal infection was contracted from supermarket food.

Compensation for food poisoning from food purchased in supermarket

Compensation for food poisoning from food purchased in supermarket

Salmonella food poisoning will be detailed in your wife’s medical records if she has been diagnosed by a doctor, and a copy of the doctors notes can be used as proof of illness in a supermarket food poisoning claim. However, the illness must also be linked to the food sold to your wife by the supermarket.

You should therefore report the case of food poisoning to the Environmental Health Department, stating the food believed to have caused the illness and details of the store where the food was purchased. All reports of supermarket food poisoning are treated seriously, and an inspection of the store should be conducted promptly by Environmental Health inspectors. If the inspection confirms the presence of contaminated food or highlights poor food hygiene practices, it will make your wife’s claim for food poisoning from a supermarket much more straightforward.

If the Environmental Health department has received a number of reports of cases of supermarket food poisoning from the food sold in a supermarket, even if no evidence of food contamination is found by Environmental Health inspectors it is probable that compensation for food poisoning from food purchased in a supermarket can still be recovered.

It should only be necessary to prove your wife contracted food poisoning from food bought in a supermarket ‘on the balance of probabilities’, rather than concrete evidence being collected to prove the store was the source of food poisoning.

When absolute proof of negligence cannot be collected, it leaves room for an insurance company to build a defence against a claim for food poisoning from a supermarket. In the absence of other instances of food poisoning being reported, a good body of evidence must be collected to support a case to ensure that it has a good probability of being successful.

If you allow a personal injury solicitor to investigate, prepare and pursue your wife’s claim against the supermarket, it will help to ensure that the case is successful, even if the claim is contested by your supermarket’s insurance company.