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Holiday Illness Claims

Most of us look forward to and save up for a holiday all year round.

Food poisoning is very unpleasant and causes a great deal of pain and discomfort and in severe cases it can lead to serious problems and even death. Bringing claims for compensation is the only way in which Tour Operators are going to be encouraged to improve standards and ensure that more holidays are not ruined.

Pursuant to the Package Travel, Package Holiday and Package Tour Regulations 1992 Tour Operators are liable to pay you compensation if you suffer from a holiday illness or infection as a result of any negligence as they are responsible for ensuring that the services are provided with reasonable care and skill. In other words if you consume food on a package holiday that makes you become ill it is your Tour Operator who is responsible.

To bring a successful claim you must have been on a package holiday

A package holiday is a pre-arranged trip including two or more elements (for example travel and accommodation) at an inclusive price. The holiday must be over 24 hours and include an overnight stay.

If you are in any doubt as to whether your holiday was a package holiday please do not hesitate to contact Sarah Kerr on 0191 213 1010 and she will assess this for you.

Causes of Holiday Illness

The most common cause of a holiday illness is bacteria which is the result of breaches of the basic principles of food hygiene including:

  • Food being re-heated
  • Food being served lukewarm and not hot throughout
  • Freshly cooked food being placed on top of food that has been left out for some time
  • Meat and fish not being cooked throughout

Other causes of holiday illness include:

  • Inadequate sewerage disposal
  • Poor hygiene in and around the pool (for example dirty or broken tiles)
  • Cross contamination by insects/animals
  • Poor maintenance of air conditioning systems

Holiday Hotspots

Destinations that have become known as ‘hotspots’ for holiday illness claims in recent years include:

  • Egypt
  • Dominican Republic
  • Turkey
  • Mexico
  • Tunisia

Process

  • The process will involve little time on your part as offers often made pre-medical – without you having to attend a medical examination
  • If you do have to attend a medical examination we work with medical experts who are experienced in recognising the symptoms of holiday illness

If you would like some more information about the process please do not hesitate to contact Sarah Kerr on 0191 213 1010 and she will happily talk you through this.

Time limits

  • This depends on which country you illness occurred
  • If your holiday was a package holiday English law allows you 3 years to bring a claim, 2 years to bring a claim if your holiday was a cruise and in the case of children 3 years from the child’s 18th birthday

Level of Compensation

  • The amount of compensation that holiday makers recover for their pain and suffering depends on the severity of their symptoms
  • We generally recover an award between £1,500 and £3,300 for symptoms resolving between a week and a month
  • A lot of our clients use the compensation they receive to pay for a holiday – the holiday that they should have had

McKeag & Co. Solicitors are specialists in assisting holidaymakers obtain compensation for their pain and suffering and expenses they incurred and the vast majority of these claims have been successful. It is only if the claim is successful that we will take a maximum of 25% of any compensation you receive as payment of our costs and if the Tour Operator denies responsibility then you can leave the claim there with nothing to pay.

McKeag & Co Solicitors, 1-3 Lansdowne Terrace, Gosforth, Newcastle upon Tyne, NE3 1HN
Tel: 0191 213 1010
24 Hour Emergency Line: 07850 565543 (Crime only)
Email: enquiries@mckeagandco.com