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£38,000 Landmark Judgment against Thomas Cook makes it easier to Claim for Hotel Sickness Bugs

A family of five from Birmingham have successfully sued Thomas Cook in a claim for food poisoning compensation leading to a judgment that will make it a lot easier to sue tour operators for sickness bugs suffered on holiday.

If you are thinking about making a claim for food poisoning experienced during a package holiday, we recommend that you speak to one of our Holiday Claims Managers today for a free consultation.

What was the Case About?

The case of Melanie Antcliffe and others –v- Thomas Cook Tour Operations involved a family that booked an all-inclusive holiday to the Dominican Republic at the Dorada Club Resort Hotel.

During the holiday Mrs Anticliffe was struck down with gastric illness including symptoms of diarrhoea and vomiting which caused her to faint and hit her head on the toilet causing bodily injuries.

When she arrived back to the UK she visited her doctor about her illness and her test results came back negative.

However, it was determined from the symptoms that she suffered from that the germs that caused the illness were salmonella or E. Coli picked up from the hotel food.

Why Did the Family Win their Case against Thomas Cook?

Mrs Anticliffe and her family were successful in their claim because she was able to show that as law called the Supply of Goods and Services Act meant that the food served at the hotel had to be of a satisfactory quality.

In straightforward terms, Mrs Antcliffe and her family were able to prove that the illness came from food served at the hotel and it was not safe for human consumption.

The judge decided that no reasonable person would consider food capable of causing illness to be of a satisfactory quality.

How can this Case Help You?

When making personal injury claims against tour operators, consumers usually have to go through the rigmarole of obtaining evidence that the hotel has not complied with national regulations of the country in which the hotel is located.

In this case it the Claimant was unable to show that there had been a failure to comply with the laws and standards of the Dominican Republic.

However the judge decided that it did not matter whether or not Dominican standards had been complied with – all that mattered was the fact that food was unsafe and should have been safe to eat.

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How Much Compensation Did they Win?

The total award was £38,988.41 which included a payment of £18,000 alone for Mrs Antcliffe’s pain and suffering.

The family were also awarded compensation for loss of enjoyment and loss of value from the holiday.

How we can Help You with Claims for Food Poisoning

We specialise in helping people claim compensation for food poisoning suffered on holiday.

For the clients that have suffered E. Coli or Salmonella during a package holiday we have always been able to help our clients claim in excess of £2,000. If you are suffering from Irritable Bowel Syndrome as a consequence of your illness you could be entitled to compensation in the region of £20,000 to £30,000

We deal with cases on a no-win-no fee basis whereby you will receive 100% of the first £2,000 claimed. You will be represented by one of the UK’s leading Travel Lawyers who will do their utmost to ensure you receive the holiday compensation you deserve.

We can be emailed at holidayclaims@simpsonmillar.co.uk or call us today on 0808 145 1353.

Dated: 26/04/2013

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