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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Food Poisoning Claims

England & WalesLast reviewed 18 September 2026

You can claim for food poisoning if you can show it was caused by food supplied by a business that failed to follow safe food handling, and that your illness resulted. The hardest part is proving the link, which usually needs a laboratory-confirmed diagnosis and evidence of what you ate and where.

What You Must Prove

Direct Answer: You must show that the food you ate caused the illness, and that the business supplying it was at fault, for example through poor hygiene, cross-contamination, inadequate cooking or storage, or selling food past its safe date.

Because many people get stomach illness from other sources, causation is the main hurdle. Laboratory confirmation of the organism, ideally matched to the food or premises, and evidence that others who ate the same food were also ill, make a claim much stronger. Symptoms typically start within hours to a few days depending on the organism, so the timeline of what you ate matters.

Environmental health officers inspect food businesses and may investigate outbreaks. Their reports and the business's hygiene rating and inspection history can help, although they do not decide a civil claim.

Evidence to Keep

Steps that protect a claim:

  • See a GP and provide a stool sample if asked, so the organism can be identified
  • Keep receipts, bank statements or booking details showing what you ate and where
  • Note names and symptoms of anyone else who was ill after the same meal
  • Photograph any remaining food or packaging, if safe to do so
  • Report the illness to the business and to the local council's environmental health team

Holiday Illness

If you were ill on a package holiday abroad, a different route can apply, through the organiser's liability under package travel law. See our guide on holiday sickness claims.

Frequently Asked Questions

Can I claim if I got food poisoning at a restaurant?

Yes, potentially, if you can show the meal caused your illness and the restaurant failed to serve safe food. You will need medical evidence, ideally a laboratory-confirmed diagnosis, and proof of where and what you ate.

Do I need a stool sample?

It is very helpful. A sample that identifies the organism, and shows it matches an outbreak, is the strongest evidence. Without one, causation is harder to prove.

What if only I got ill?

A claim is still possible, but harder, because there is no pattern of other cases pointing to the food. Other explanations for the illness will be considered.

Can the restaurant refuse liability with a disclaimer?

No. A business cannot exclude or restrict liability for personal injury caused by its negligence in a consumer contract or notice, under the Consumer Rights Act 2015.

What compensation can I claim?

Damages for the illness, pain and suffering, plus financial losses such as lost earnings and medical costs. Complications, such as reactive arthritis or Guillain-Barré syndrome after some infections, are compensated according to their severity.

How long do I have to bring a food poisoning claim?

Generally three years from the date of the accident or, for an illness that develops later, from your date of knowledge. Different rules apply to children, who usually have until three years after their 18th birthday, and to people who lack capacity. Evidence disappears quickly, so do not wait until the deadline.

Can I bring a public liability claim on a no win no fee basis?

Usually, yes. A Conditional Fee Agreement means you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. If it succeeds, a success fee capped at 25% of general damages and past losses is deducted from your damages. Ask about disbursements such as medical reports before you sign.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Food Safety Act 1990, s.8 (selling food not complying with food safety requirements)

    It is an offence to sell food that is unfit for human consumption. A criminal breach can support, but does not by itself decide, a civil food poisoning claim.

  7. Food Safety and Hygiene (England) Regulations 2013 (SI 2013/2996)

    Enforces the retained food hygiene rules in England that require food businesses to handle, prepare and store food safely.

  8. Consumer Rights Act 2015, s.65 (no exclusion of liability for negligence causing death or personal injury)

    A trader cannot exclude or restrict liability for death or personal injury caused by negligence through a term in a consumer contract or a notice, so a waiver or 'enter at your own risk' sign does not defeat such a claim.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.