Claiming for food poisoning

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Soldato
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Pretty sure I remember reading some years ago, that like Hospital infections, Most of these problems are caused not by dodgy kitchens, but by dodgy guests.

The most common thing is an employee that's ill/not fully recovered coming into contact with the food, but with a buffet it could just as easily be a guest.

The kitchen can be spotless, doesn't matter if the people handing it are carrying the pathogens.

When I wrote the thread, it was an 'I'm angry at the world because I'm unwell and deserve X, Y, Z' ...now my fever has dropped off for a bit and I'm more rational, I know I'll not do anything. It'll be nothing more than a rubbish story to share. Thank you.


It's probably not worth your time anyway, if you could prove they caused it through malpractice the owner might get barred from operating the business and receive a fine, however I doubt you would receive anything unless you could prove loss of earnings etc.
 
Soldato
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Never goes anywhere. Might end up with the place being investigated and if found to be subpar closed until rectified, but compo? No chance.

GF and I went to a Chinese buffet in Manchester years ago. Was ill for weeks afterwards. It ended up triggering IBS with her and on-going hospital visits to this day.
 
Soldato
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I used to be under the belief that food poisoning wasn't something to be really concerned about.

Until I got it.

Back in 2003 it hospitalized me for 2 weeks, and it took me another 4 months to start to feel normal again.
 
Caporegime
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is 2 star food hygene rating actually bad?

I think I remember the food and storage area can be perfectly clean, no contamination risk etc but if the paperwork is not so good you can get as low a a 3*?
 
Caporegime
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I used to be under the belief that food poisoning wasn't something to be really concerned about.

Until I got it.

Back in 2003 it hospitalized me for 2 weeks, and it took me another 4 months to start to feel normal again.

That's AIDS mate, food poisoning is a 48 hour deal.
 
Permabanned
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I got food poisoning several years ago from my local chinese. Was bed bound for 2 days just sipping fluids and was still looking yellow when I was on my feet.

Obviously I never went back and neither did my friends, and that was that.
 
Soldato
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Out of interest, assuming you were able to prove it was down to negligence then why wouldn't you be able to claim compensation?

Either you'd be off ill and your employer would have to pay you for sick days, or you'd take it off unpaid (and lose money) or as annual leave (in which case you'd be losing your holidays).

If you were injured in some other manner due to negligence then you'd be able to claim..
 
Soldato
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That's AIDS mate, food poisoning is a 48 hour deal.

Haha , always rubber up when I eat buddy, so cant be that.

I know where and how I got it.

Dodgy street food in Mumbai.

Kicked in within 2 to 3 hours of eating it.

Explosions both ends, passed out on my third day in my hotel room and woke up in hospital on a drip.

I was there for around 2 weeks and when I got discharged I was still in a mess. The flight back to London connected through Kuwait and to this day I have no memory of that flight, I just know that I did it.
 
Associate
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did you share a vehicle to the pub?
or attend an event at the same place before going to the pub?
or share food not from the pub? ie take sweets from kids hand and not disinfect?
So many ways it can be hard to prove unless they get samples from surfaces in kitchen.
in terms of food poisoning the ONS says rice is the most common cause.
 
Soldato
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Out of interest, assuming you were able to prove it was down to negligence then why wouldn't you be able to claim compensation?
Well, the difficulty is proving beyond all reasonable doubt that it was their fault. You could have left the pub and gone next door to clean the toilet with your tongue for all they know.

The worst food poisoning I ever got was from Leon at Smithfield. Just an average chicken salad thing. Bed ridden for two days, couldn't even keep liquids down. Very surprised from that establishment.

Actually for that at least I was home. The worst was in Cuba when I woke up at 2am after a big seafood meal the evening before. Wonderful meal actually. Managed to sleep a bit after I'd gotten it all out of my system, woke up for breakfast, dropped the kids off at the pool again (in pain), thought I'd try some breakfast and repeated the whole thing. Problem was, we were at the far east of the country and had a 7hr bus ride to our next stop, leaving at 8am. That bus ride was not fun at all. Didn't drink or eat anything for fear of the effects. Had to pre-warn the guide if I said I needed to stop it was rather an urgent thing (fortunately a top-tip for travelling around Cuba was to carry your own toilet roll so at least we were prepared in that respect). Not fun.
 
Caporegime
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Well, the difficulty is proving beyond all reasonable doubt that it was their fault. You could have left the pub and gone next door to clean the toilet with your tongue for all they know.

It's not a criminal court, beyond reasonable doubt doesn't apply. In a civil case it is actually decided on the balance of probability, ie 51% certainty.

Compensation for what? Being sick how much compensation are you expecting and based on what?

Pain and suffering. Have you not heard of personal injury claims? :confused:

Were you on leave whilst ill? Your employer should give you that time back if so, but apart from that I think you will struggle for comp unless you can prove that you have been affected financially.

Been there myself are times so understand your annoyance.

There is no reason his employer should give holiday back because he got ill during his annual leave and trying to suggest that would not go down well at all with the employer.
 
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Soldato
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It's not a criminal court, beyond reasonable doubt doesn't apply. In a civil case it is actually decided on the balance of probability, ie 51% certainty.
I wasn't speaking to the law, technically. I just meant he'd have a hard timing proving it was the pubs fault.

And I didn't actually know about civil law. Interesting, every day's a school day. So perhaps there's more of a chance than I thought. Still a big ask to prove it though.
 
Soldato
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That's almost certainly what I'll end up doing. The point about compensation, probably written badly in the first post, would be more about claiming back for the price paid for the buffet. That was all.

I suspect they'd offer you some discount/free buffet on your return.

But most people would be mad to return to a place they strongly felt gave them food poisoning.

One thing you definitely should do though is review it. Google reviews or Trip advisor. A lot of people are reading reviews these days because of how easy it is, so should help steer clear other people from eating there.

is 2 star food hygene rating actually bad?

I think I remember the food and storage area can be perfectly clean, no contamination risk etc but if the paperwork is not so good you can get as low a a 3*?

Not sure, but if someone can't manage the basic tasks of the paperwork, then i'd be somewhat doubtful of their ability to keep things clean/uncontaminated.

Whilst i don't think those ratings are part of UK law (yet), most establishments with 4/5 ratings will proudly display them at the front door/window.

Personally, i don't think i'd eat anywhere less than a 4 unless it's been well recommended. There's too much choice around nowadays to put yourself at any risk of potential problems.
 
Associate
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I used to be under the belief that food poisoning wasn't something to be really concerned about.

Until I got it.

Back in 2003 it hospitalized me for 2 weeks, and it took me another 4 months to start to feel normal again.

Same ish - Mexican place in Leicester Sq! Both ends (at same time - not a great experience) and vomming for about 20hrs 2-3 times an hour.
Genuinely wanted to die at one point which sounds weird. Ended up in a&e and then on a ward with drips. Went home next morning for guilt of taking a bed but within 10 mins of leaving realised I'd been a bit rash to leave without help. Made it into a taxi, short ride home and in bed for the next week. Never been so weak in my whole life outside a really bad dose of flu xmas just gone!
 
Soldato
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I’ve had campylobacter poisoning before which I suspect was from some duck I ate at a restaurant , tests confirmed the exact bacteria and the doctor said I may get a call from the health organisation but they never did call

It was probably the worst I’ve ever felt , nearly 2 weeks of going to the loo ever half hour (luckily I would wake up before ruining my bed) , hot and cold sweats, dizziness, no energy at all, lack of sleep, barely nothing to eat, pains in my stomach like somebody was driving a red hot knife into it , backside was red raw :(

It took nearly a year to feel normal again

If it was possible to prove the restaurant had caused the poisoning I’d have had no qualms in claiming compensation for the pain and suffering

It’s quite easy to say "man up" but when your body is fighting such an infection there’s not a lot you can do about it
 
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