There are different strains of E. coli and depending on the type you may experience different symptoms. E. coli is a type of bacteria that is found in both human and animal intestines. While many strains are harmless there are some that can cause illness. If food is contaminated with E. coli it could cause food poisoning. This article is set to examine how you could claim compensation if you have suffered from E. coli contamination.
Our panel of personal injury solicitors has extensive experience handling claims like this all over the country and have the skill to value your compensation correctly, advise about the damages you could receive, and what medical proof you will need to support your claim. We describe a typical case study to explain what steps you can take to give your case the best chance of success.
We provide links to relevant information throughout this article and if you were exposed to E. coli and it caused your illness, our friendly team is on hand 24/7 for a no-obligation discussion about your case. You can call us direct on 0800 408 7825 or drop us a line at Public Interest Lawyers to see how we could help you.
Select a Section
- A Guide To Calculate E. Coli Compensation
- What Is E. Coli Poisoning?
- Financial Loss From Poisoning
- Common E. Coli Causes
- How To Receive A Care Claim
- We Can Calculate Compensation Estimates
- Case Study: £12,000 E. Coli Poisoning Compensation
- Your Compensation Estimate
- No Win No Fee Policy
- The Right Personal Injury Solicitors
- Contact Our Team
- Additional Resources
In this guide, we explain how you could start a negligence case for exposure to poisonous bacteria in a public setting. We explain the duty of care and who legally has the responsibility to ensure your safety as much as possible when you or your family are using their facilities.
We explain how E. coli poisoning claims can be correctly valued, how two types of damages can greatly increase the possible payout, and what evidence you would need to give yourself the very best chance of success.
Using the example case study of someone who sued a restaurant due to food poisoning caused by E.coli, we demonstrate how it’s possible to win £12,000 in compensation. We conclude by explaining the many advantages of using a No Win No Fee lawyer for your case and how to go about finding the right solicitor for your case.
E.coli (Escherichia Coli) is a bacteria found in human and animal intestines. Whilst most forms of this bacteria are fairly mild, some are very unpleasant and if the bacteria is consumed it could cause symptoms such as vomiting, diarrhoea and severe stomach cramps. In serious cases, it can cause immune deficiency problems, and even renal failure or brain damage. You can read further information from the NHS here.
In order to make a claim for E. coli poisoning, you have to establish three main points. Were you owed a duty of care by a third party? Did this party negligently breach this duty which caused your illness?
Before we continue discussing E. coli bacteria we are going to consider how this duty of care is applied in everyday life. We shall look at the following 2 areas more closely.
- Accidents in the workplace
- Accidents in public places
Duty of care is there to protect the wellbeing, health and safety of people. The legislation which seeks to enforce this duty in the workplace is the Health And Safety At Work etc Act 1974 which obliges all employers to provide safety in the workplace as much as reasonably possible. It can be done through adequate training, information, and on-site maintenance to ensure a hazard-free place for employees. If you suffered an accident at work, please use this link for more information about how to record the incident properly.
The Occupiers’ Liability Act 1957 expects all private operators and local authorities to ensure that anywhere accessible to the general public is free of danger as much as possible and properly regulated to protect public safety.
If you suffer a bout of food poisoning you are likely to be quite ill for a few days if it is mild, if it is something much more serious and requires hospital treatment you are likely to suffer the effects for some time. All of this can mean you may need time away from work, even if you are paid statutory sick pay it may not be enough to cover your bills meaning you may either fall into debt or eat into your savings. It could also mean paying for medication, over the counter remedies as well as your prescriptions. If you need someone to look after you in the home you may also need to pay for these services. All of which can mean you lose out.
Special damages are a component of your possible payout and seek to reclaim all the tangible costs of falling ill through no fault of your own. There is no requirement to use a solicitor for your compensation case however they have the experience needed to know what you can claim back for in losses and expenses.
Serious outbreaks of E. coli infection can often make the national news and it’s essential to seek immediate medical advice if you or a loved one has been exposed. You can read these government statistics and advice about the bacteria here.
Given the ease of transmission through touch, food, and water, cleanliness is an essential defence against contracting this infection in public places, so if you believe you were infected with E. coli somewhere due to the negligence of the others, you may be eligible to claim compensation for any suffering. For more information, please refer here.
There are areas that are more high risk than others and whilst this list is not exhaustive, some of the ‘hot spots’ for E. coli infection could be:
- Petting zoos or city farms
- Any location with proximity to livestock and other animals
- Restaurants and canteens
- Swimming pools and saunas
- Any location with sub-standard sanitary arrangements
If you visited somewhere and fell sick shortly afterwards, speak to a medical professional to establish the cause. If your the symptoms seem similar to those described above you could have been exposed to the bacteria.
Speak to our friendly team today to discuss your options.
Whilst dealing with the repercussions of your E. coli infection, you may need help to attend to daily tasks. Recovery can take some time with the potential for complications during which time the assistance of family or friends may be necessary to help you cook, clean, food shop, and attend to personal care.
Your No Win No Fee lawyer can include any costs you incur if you need to pay for this help. This money could be reclaimed back in your special damages under the heading ‘gracious care’.
Self-funded care is very expensive and if you find yourself needing to pay for a professional carer to come into your home and help out, it’s important to brace yourself for the cost. A No Win No Fee lawyer will show you how to properly record these costs and have them included as evidence against the defendant, giving you the best chance to win them back in E. coli poisoning claims.
If you are unsure what you could claim for you can speak to our team right now. If there’s anything you would like more information about, please don’t hesitate to give us a call.
Many online No Win No Fee firms promise on-the-spot settlement amounts using compensation calculators. Whilst they may seem to provide instant answers to your compensation amount, they can often miss the subtle details of your situation and end up over or under-valuing your payout.
When you speak to a No Win No Fee solicitor you are benefitting from their direct experience in properly valuing a compensation claim and giving yourself the best chance to maximise the amount you could receive.
Medical assessments, for example, are an integral part of your personal injury claim and the results of that examination can have a huge bearing on the eligibility of your claim and the full extent of the money you might receive. Armed with the full results from your doctor, your No Win No Fee solicitor can then set about winning the two heads of damages that make up your settlement.
General damages are for the pain and suffering from your illness. Award guidelines are outlined in the Judicial College Guidelines which aim to put a monetary figure to the pain and suffering your injuries caused you.
Special damages aim to restore your finances to where they were before the accident that led to your illness. All the tangible and actual financial costs of the injuries that can be proved could be included, such as:
- Any loss of earnings
- Loss of potential or future earnings missed through sickness
- Travel expenses to and from hospital or specialist appointments
- Carer costs or ‘gracious care’ help from family
- Special dietary requirements
- On-going therapeutics or medical procedures
- Missed events or holidays, any lost deposits due to the illness
If you have other examples of direct cost to you as a result of your injuries, speak to our team today and they can help clarify what may or may not form part of your E. coli poisoning claims.
During the first week of the summer holidays, Mr and Mrs Wood decided to dine out at a new restaurant that had just recently opened. The restaurant looked amazing, all modern and new, with high spec furnishings and very friendly staff.
When the food was served it was quite cold and didn’t look as fresh as it could. But the diners put it down to the fact that it was the opening and everything was very new. After the meal, Mr and Mrs Wood had a few drinks at the bar before leaving for home.
After arriving at home Mr Wood began to feel a little peaky. He thought he may have drunk too much wine and decided to lie down. He must have fallen asleep as he woke up with severe pains in his stomach. He started to vomit which lasted for several hours. He was unable to eat anything nor drink anything as he brought everything back up. Then the diarrhoea started which seemed even worse than the vomiting as it was very severe. Mrs Wood did not like the look of Mr Wood so called for an ambulance.
Mr Wood needed to be hospitalised and several tests were conducted. Only to confirm that Mr Wood was suffering from E. Coli contamination.
Mr Wood when he was finally released from the hospital got in touch with a solicitor as he was sure this stemmed from the food in the new restaurant. After investigation, it turned out that other diners had suffered from the same poisoning.
The restaurant admitted liability and Mr Wood was awarded £12,000 in compensation which included special and general damages.
This example case study represents a typical scenarios of the kind of E.coli poisoning claims a No Win No Fee lawyer could help with. If you think you have a claim for E. coli poisoning or any no-fault accident that caused you injury, speak to our team today.
Compensation amounts in negligence cases are never guaranteed and each case differs, but when you consult a No Win No Fee lawyer you allow an expert to identify and include potential damages that you may have thought was just an unfortunate consequence of the accident for you to bear. Mr Wood’s compensation breakdown would look similar to this;
|Serious but short-lived food poisoning £10,000
|Lost Earnings £1,800
|Travel costs to hospital – £50
When general and special damages are calculated together, the ultimate award could be much higher and give you a greater chance at repairing both the physical, emotional, and financial damage from an illness you were blameless in.
You are probably familiar with the expression No Win No Fee, but what does it really mean and how could it help you? Also known as CFA’s (Conditional Fee Agreements) as the title suggests, the fee is conditional on the case winning.
This financial leeway can allow people who may not have sufficient funds to hire a solicitor. Whilst you do not strictly need a solicitor to pursue a claim, the advantages of using a No Win No Fee one are;
- No fees to pay upfront
- Nothing to pay while your case is ongoing
- Nothing to pay your solicitor if the case is unsuccessful
- If your case wins there is a small ‘success fee’ to pay your solicitor which is capped by law to remain low
- Yo do not need to pay this fee until you have received your payout
- You receive expert legal advice and support throughout your claim
The exact location of your personal injury lawyer is no longer a crucial consideration. When you get in touch with us, our team can advise about eligibility. If they think you have a strong case they can connect you with No Win No Fee solicitors that could handle your case no matter where you are located in the country.
Internet searches can generate a huge volume of results and however useful reading reviews might be, the choice is likely to be overwhelming. We can help by narrowing your search. Our panel of No Win No Fee solicitors have a proven track record of:
- Properly valuing claims
- Settling cases quickly
- Providing excellent client communication
- Sound legal experience
We hope that this article has been helpful and informative and if you’re ready to go ahead with starting a negligence case, speak to us today. If you’re interested in knowing what E. coli poisoning claims could be valued at for you, getting in touch is easy:
- Call us direct on 0800 408 7825
- Write to us at Public Interest Lawyers
- Speak to our ‘live support’ portal, bottom right
For further reading about accident hot spots, please read here
For further information about accidents in parks, please read here
For claims against the council, please read here
For more information about E.coli infection, please read here
Further reading about using the NHS, please read here
For more information about combatting E.coli infection, please read here
Article by EA