In this blog I highlight real food poisoning claims involving five children who developed gastro-enteritis or similar illness on holidays provided by Sunworld Holidays Ltd. All five children needed care following their illness.
The children and their parents claimed
personal injury compensation as a result of illness they suffered while on holiday at Club Aquamar in Majorca.
Sunworld admitted responsibility for the food poisoning. As a result of the illness, the children required care for different periods of time after they returned home.
I will focus on the claim for the care the parents provided to the children while they were ill.
The court awarded compensation to the parents for the care they provided to their children following the food poisoning for periods ranging from two to about fifteen weeks.
The court’s decision was that a claim for family care might be allowed if the person making the claim suffered illness or injury that was sufficiently serious to result in a need for care and attendance significantly over and above that which would be given anyway in the ordinary course of family life.
All the five children needed to be nursed during their illness. Nursing care could not be divorced from attendance on a sick person. It was not part of ordinary family life that parents spend their time looking after sick children.
If you or your loved one have suffered illness as a result of food poisoning, you may be entitled to receive
personal injury compensation including a claim for family care if your illness is sufficiently serious.
Asiimwe Balinda
Personal injury Solicitor