If you are suffering from a case of food poisoning and are extremely sick, you may be eligible for a compensation claim under public liability law.
Public liability
What are the symptoms of food poisoning?
Food poisoning or Salmonella poisoning symptoms can vary depending on how you’ve been infected.
The most common symptoms include:
vomiting
diarrhoea (or diarrhoea)
fever
headaches
nausea
abdominal pain
How food poisoning compensation is calculated
Depending on the nature of your food poisoning claim, in most instances, a monetary value is placed on the gap between your predicted life path before the poisoning, and your actual life path since the poisoning.
Do I have a food poisoning claim?
Whether or not you have a food poisoning compensation claim depends on a number of factors, such as how severe your sickness is and the impact it has had on your life.
If you are experiencing persistent symptoms after food poisoning, and you believe your illness was caused by someone else's negligence, you may be able to make a public liability claim.
To help you make a successful claim, we recommend seeking legal advice as soon as possible after the incident.
Check if you have a claim with our simple, free online tool.
What we will ask:
Details about the accident and injuries that may have happened to you or your loved one
Basic personal information that is relevant and necessary for your compensation claim
What happens next:
Either book a no-obligation appointment with a public liability law expert right away, or
Speak with our public liability team about your options
FAQs
What can I claim for when it comes to making a food poisoning claim?
No two food poisoning or Salmonella cases are the same because the impact on your life can be vastly different to the impact on another person who suffered the same poisoning. Typically, compensation can be claimed for:
Past and Future medical expenses
Past and future loss of earnings
Pain and suffering as well as loss of enjoyment or quality of life
Care and help provided by friends, family, or any other individual
A lawyer will be able to tell you what you’re likely to be able to claim and how much you’re entitled to.
Making a food poisoning compensation claim
Food poisoning compensation claims generally fall under public liability law, which means your lawyer generally has to prove:
That the person or company at fault owed you a duty of care – they had an obligation to take measures to prevent harm
The person or company failed to take this duty of care
As a result, you were hurt and suffered loss
A lawyer will be able to explain what this means in more detail once they know the facts of your situation.
Are there any Shine public liability lawyers near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you’d like to speak to our public liability team in person, you can see our full list of locations here.
If you aren‘t able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Can I represent myself when making a food poisoning claim?
It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Without an experienced public liability lawyer in your corner, it can be difficult to identify and highlight the strength of your case.
Without the right legal advice and support, you then may not receive the compensation you deserve.
Why trust Shine to be my public liability lawyers?
At Shine Lawyers, we put your first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to help you get the justice you deserve.
Our empathy, understanding and expertise are why we’re ahead of the pack. We’ll stand with you and guide you through every step of the way.
Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.