If you’ve suffered food poisoning after eating at a restaurant in the UK, you may be entitled to compensation. Restaurants and food businesses have a legal duty under the Food Safety Act 1990 to serve food that’s safe to eat. When they breach this duty and you become ill as a result, you can make a personal injury claim for your losses.
This article is for general information only and does not constitute legal advice. Laws in Scotland and Northern Ireland may differ.
Quick Answer
You can claim compensation from a restaurant for food poisoning if you can prove the restaurant served contaminated food and that food caused your illness. You generally have 3 years to bring a claim. Most food poisoning claims are handled on a “no win no fee” basis, meaning you won’t pay legal fees unless you receive compensation.
| Key Information | England & Wales |
|---|---|
| Limitation Period | 3 years (Limitation Act 1980) |
| Where to Claim | County Court (or small claims for under £1,000) |
| Funding | No win no fee widely available |
Understanding Food Poisoning Claims in the UK
Food poisoning claims against restaurants in England and Wales are typically brought as personal injury claims based on negligence or breach of statutory duty.
The Legal Basis for Your Claim
Negligence
You must prove:
- The restaurant owed you a duty of care (which all food businesses do)
- They breached that duty by serving unsafe food
- The breach caused your illness
- You suffered loss as a result
Breach of Statutory Duty
The Food Safety Act 1990 makes it an offence to sell food that doesn’t meet food safety requirements. A breach of these regulations can support a civil claim for compensation.
Consumer Protection
Under the Consumer Rights Act 2015, food must be of satisfactory quality and fit for purpose. Serving contaminated food breaches these implied terms.
Limitation Periods
You generally have 3 years to bring a personal injury claim from the date of your illness. This is governed by the Limitation Act 1980.
Exceptions:
- Date of knowledge: If you didn’t immediately realise your illness was caused by the restaurant’s food, time may run from when you first knew (or should reasonably have known) the cause
- Claimants under 18: The 3-year period doesn’t begin until the child’s 18th birthday, giving them until age 21 to claim
- Lack of mental capacity: The limitation period may be extended if the claimant lacks capacity to manage their affairs
- Court discretion: In exceptional circumstances, courts can extend time limits under section 33 of the Limitation Act
What You Need to Prove
To succeed in a food poisoning claim, you must demonstrate:
1. The Food Was Contaminated
The food served to you contained harmful bacteria, viruses, or toxins. Common pathogens include:
- Salmonella
- Campylobacter
- E. coli
- Norovirus
- Listeria
Medical testing (usually a stool sample) can identify the specific cause of your illness.
2. The Restaurant Was the Source
You need to show the restaurant’s food—not something else you ate—caused your illness. This is often the most challenging element. Helpful evidence includes:
- Other diners who ate the same food also fell ill
- Environmental Health investigation findings
- Short incubation period matching the pathogen
- You only ate at that restaurant during the relevant timeframe
3. You Suffered Loss
You must have experienced actual harm, such as:
- Medical treatment costs
- Lost earnings from time off work
- Pain and suffering
- Out-of-pocket expenses
4. The Restaurant’s Breach Caused Your Loss
There must be a clear link between the restaurant’s failure and your illness.
How Much Compensation Could You Receive?
Compensation in UK food poisoning cases is divided into two categories:
General Damages (Pain, Suffering, Loss of Amenity)
These compensate for the physical and emotional impact of your illness. The Judicial College Guidelines provide typical brackets:
| Severity | Duration | Typical Range |
|---|---|---|
| Minor | Full recovery within days | £1,000 – £2,500 |
| Moderate | Symptoms lasting 2-4 weeks | £2,500 – £5,000 |
| Moderate-Severe | Hospitalisation, recovery 4-8 weeks | £5,000 – £10,000 |
| Severe | Long-term complications, significant impact | £10,000 – £20,000+ |
Special Damages (Financial Losses)
These cover your actual out-of-pocket expenses and financial losses:
- Prescription costs and medical expenses
- Lost earnings (provide payslips and employer confirmation)
- Travel costs to medical appointments
- Cost of special dietary requirements during recovery
- Care costs if you needed help while ill
Keep all receipts to claim special damages.
How to Make a Claim
Step 1: Seek Medical Attention
Visit your GP or A&E as soon as symptoms appear. Request a stool test to identify the pathogen. Medical records are essential evidence for your claim.
Step 2: Report to Environmental Health
Contact your local council’s Environmental Health department. They have powers to:
- Inspect the restaurant
- Take food samples for testing
- Interview staff
- Issue improvement notices or closures
- Prosecute for food safety offences
An Environmental Health investigation that finds problems at the restaurant significantly strengthens your claim.
Step 3: Gather Evidence
Collect as much evidence as possible:
- Receipt or bank statement showing you ate there
- Photos of the food (if you took any)
- Names and contact details of anyone who ate with you
- Details of what you ordered
- Timeline of when you ate and when symptoms started
- All medical records and test results
- Evidence of lost earnings
- Receipts for any expenses
Step 4: Consider the Pre-Action Protocol
Before issuing court proceedings, you should follow the Pre-Action Protocol for Personal Injury Claims. This involves:
- Sending a Letter of Claim to the restaurant
- Allowing them time to investigate (typically 3 months)
- Exchanging relevant documents
- Attempting to settle without court proceedings
Most cases settle during this pre-action stage without going to court.
Step 5: Decide How to Proceed
| Option | Best For | Considerations |
|---|---|---|
| Small Claims Track | Claims under £1,000 | DIY-friendly, limited costs recovery |
| Solicitor (No Win No Fee) | Claims over £1,000 | Professional handling, success fee deducted |
| Legal Aid | Very limited availability | Means-tested, rarely covers PI claims |
For most food poisoning claims, a no win no fee (Conditional Fee Agreement) solicitor is the best option:
- You pay nothing upfront
- If you lose, you typically pay nothing
- If you win, the solicitor takes a “success fee” (capped at 25% of your compensation)
Legal Costs in the UK
Understanding costs is important:
If You Win
- The restaurant (or their insurer) usually pays most of your legal costs
- Your solicitor’s success fee (up to 25%) comes from your compensation
- After-the-Event (ATE) insurance premiums may also be deducted
If You Lose
- With a no win no fee agreement, you typically owe nothing to your solicitor
- ATE insurance protects against paying the defendant’s costs
- Always confirm cost arrangements in writing before proceeding
Small Claims
In the small claims track, each side generally pays their own costs regardless of outcome, making it lower-risk for claimants.
Scotland and Northern Ireland
Scotland: The limitation period is also 3 years but is governed by the Prescription and Limitation (Scotland) Act 1973. Scottish courts have different procedures, and you should instruct a Scottish solicitor.
Northern Ireland: Similar 3-year limitation period under the Limitation (Northern Ireland) Order 1989. Court procedures differ slightly from England and Wales.
If you’re in Scotland or Northern Ireland, seek advice from a solicitor qualified in that jurisdiction.
Frequently Asked Questions
How long do I have to make a food poisoning claim?
In England and Wales, you have 3 years from the date of your illness (or from when you knew it was caused by the restaurant’s food). Don’t delay—evidence becomes harder to gather over time.
Do I need a solicitor for a food poisoning claim?
For minor cases (under £1,000), you might handle a small claims court case yourself. For larger claims, a solicitor is strongly recommended. No win no fee arrangements mean you won’t pay legal fees unless you receive compensation.
What if I was partly to blame?
Under the doctrine of contributory negligence, your compensation may be reduced if you contributed to your illness (for example, by eating food you knew was undercooked). Unlike some US states, there’s no complete bar to recovery—you can still claim, but your award may be reduced.
Will I have to go to court?
Most food poisoning claims settle without a trial. The pre-action protocol encourages early settlement, and insurers often prefer to settle valid claims rather than incur court costs.
Can I claim if I got food poisoning from a takeaway?
Yes. The same principles apply to takeaways, cafes, pubs, hotels, and any food business. Food delivery services (like Deliveroo or Just Eat) generally aren’t liable for the restaurant’s food safety, but the restaurant itself remains responsible.
Getting Legal Help
Finding a Solicitor
Look for solicitors who:
- Specialise in personal injury claims
- Have experience with food poisoning cases
- Offer no win no fee arrangements
- Are regulated by the Solicitors Regulation Authority
Resources:
- Solicitors Regulation Authority – Find a regulated solicitor
- Law Society – Solicitor finder
- Citizens Advice – Free guidance on legal issues
Free Initial Advice
Most personal injury solicitors offer a free initial consultation to assess your case. Take advantage of this to understand whether you have a valid claim before committing.
Last updated: January 2025
This article provides general information about food poisoning claims in England and Wales. The law in Scotland and Northern Ireland may differ. This is not legal advice. Consult a solicitor for advice specific to your circumstances.
