If you have suffered food-poisoning by eating food provided by a cruise ship, or while on excursion as part of your holiday cruise package, then you may be able to claim personal injury compensation. However, you will have to prove that it was the negligence of another party that caused the illness. It will add weight to your claim, if more than one passenger became ill after eating the same food on-board the ship.
You can become poisoned due to poor hygiene on the part of kitchen staff, or through cross-contamination by other perishables in the kitchens; or because of the insufficient heating or cooling of foods, for example. Common types of food-poisoning can be caused by bacteria, viruses or parasites, and include:
- Salmonella
- E.Coli
- Norovirus
- Campylobacter
- Shigella
If you booked your cruise as a package holiday, then you should be able to sue the tour operator under UK law, if the company trades in England or Wales. This is because the tour operator must abide by the Package Travel, Package Holidays and Package Tour Regulations 1992. Thus you could claim compensation for your pain and suffering, and some recompense for extra expenses or lost wages.
Cover also applies to food-poisoning that occurs on paid excursions from the ship into the UK or into foreign countries; however, it may not cover food eaten on independent disembarkations. The time-limitation for a claim under UK law, is within three years of the incident.
If your cruise was not a part of a package, you may still be able to claim compensation for cruise ship food-poisoning. The Merchant Shipping Act 1979 brought the Athens Convention 1974 into UK law; applying its terms of liability to all passengers on international voyages, departing from or bound for the UK. The time-limitation for a claim under the Athens Convention, is two years from the date of the food-poisoning incident.
In any event, you should report your case of food-poisoning to the Master of the ship without delay; while you are still on-board the vessel.
A personal injury solicitor will be able to assist you with a claim for food-poisoning sustained while on a cruise; and may be able to offer a no-win, no-fee agreement. Generally, this means that you would not have to pay legal fees, should you lose your claim.
- Last Updated on 29/08/2011
