Compensation claims for poisoning
The word ‘poisoning’ is often thought of as a deliberate act to harm an animal or person. However it may be surprising to know that poisoning is often unintentional – in fact, this is the case in the majority of such situations. While the poisoning may not be intentional, it may be that it did result due to the fault or negligence of an individual or company.
Poisoning affects old and young alike. For example in 2013, Great Ormond Street Hospital stated that every day, roughly 70 under 5s are rushed to A&E with suspected poisoning and 15 are admitted to hospital. The majority of these cases are due to the consumption of either medication or cleaning products.
Food poisoning is surprisingly common, too. A study conducted by the Food Standards Authority (FSA) in 2020 concluded that there were 2.4 million cases of foodborne disease in the UK in 2018, with 16,400 resulting in hospital admissions. The BMJ (British Medical Journal) estimates that there are around 180 fatalities a year due to food poisoning in the UK. Drug poisoning is a significant issue as well, with 81.5% higher fatalities in England and Wales in 2022 than 10 years previously.
If you’ve suffered poisoning of any kind as a result of the negligence of another party, you could be entitled to compensation.
What types of poisoning can I claim compensation for?
Poisoning can happen in many ways, often unexpectedly. Here are some common types of poisoning that could make you eligible for compensation:
- Food poisoning: Eating contaminated food can lead to stomach cramps, vomiting, diarrhoea, and fever. While most people recover within a week, severe cases can result in hospital stays and long-term health problems.
- Carbon monoxide poisoning: This invisible, odourless gas comes from faulty heating systems and can cause headaches, dizziness, nausea, and fatigue. In severe cases, it can be deadly as it prevents your blood from carrying oxygen.
- Chemical poisoning: This can occur from exposure to toxic substances like pesticides or industrial chemicals. Symptoms vary but often include nausea, vomiting, and breathing difficulties.
- Drug poisoning: Taking the wrong dose or mixing medications can lead to drug poisoning. Symptoms range from mild confusion to severe respiratory issues and can be life-threatening in some cases.
- Metal poisoning: Exposure to metals like lead, mercury, or arsenic can cause serious health issues, including abdominal pain, nausea, and cognitive problems. This occurs via contaminated water, food, or air.
- Cosmetic treatment poisoning: Treatments that are administered incorrectly, such as fillers or chemical peels, can cause adverse reactions including swelling, pain, and infections.
- Plant poisoning: Some plants are toxic if ingested, causing symptoms like nausea, vomiting, and stomach pain. Children are particularly at risk.
- Toxic gas inhalation: Breathing in gases like chlorine or ammonia can cause poisoning. This kind of poisoning often results in respiratory issues, coughing, and eye irritation.
These are just some examples, and there are many other potential sources of poisoning. If you think you’ve been poisoned due to someone else’s negligence, you might be entitled to compensation. If you’re unsure, please get in touch with Injury Lawyers 4U for expert, tailored advice.
Can I claim for compensation if I have been poisoned?
The circumstances surrounding poisoning can vary widely, from food contamination to exposure to toxic chemicals in the workplace. As with any personal injury claim, it’s important to be able to prove that the poisoning resulted from someone else’s failure to take proper precautions or adhere to safety standards. Whether the poisoning is acute or has long-term effects, seeking compensation can help cover medical costs, lost income, and any other related expenses you’ve incurred as a result.
Food poisoning claims
There are a number of laws that cover poisoning. In the very common scenario of food poisoning, it is the Consumer Protection Act 1987 that protects the consumer. This law states that the food they sell must be free from harmful bacteria, which could lead to food poisoning. Not only can the restaurant be sued, but also the producer and importer.
Industrial chemical poisoning claims
In the case of exposure to toxins in a work setting, there are other legal mechanisms that strictly enforce safety including the Control of Substances Hazardous to Health Regulations (2002). This covers many industries, all of which utilise chemicals, including farming, hairdressing, cleaning, printing and even oil rigs. In all such cases it is imperative that you act quickly as time limits may apply to the type of claim you are requesting.
Carbon monoxide poisoning claims
Another very common example of poisoning is from carbon monoxide. This can result from faulty appliances or heating systems. If the poisoning is acute, it can have extremely harmful consequences, even fatal.
If a private landlord or the local council has the responsibility of maintaining the appliance producing the gas, then you are well within your rights to seek compensation if you have been exposed to carbon monoxide poisoning.
Drug poisoning claims
Drug poisoning can happen as a result of incorrect prescriptions, dosage errors, or harmful interactions between medications. This type of poisoning is often caused by medical negligence, such as a doctor prescribing the wrong medication or a pharmacist dispensing the incorrect dosage.
Household chemical poisoning claims
Household products such as cleaning agents, cosmetics, and gardening supplies can be highly toxic if ingested or mishandled. Manufacturers are legally required to provide clear safety instructions and child-proof packaging. If a company fails to meet these safety standards and this oversight results in poisoning, they can be held liable under product liability laws.
Metal poisoning claims
Exposure to heavy metals like lead and mercury can cause serious health issues, including cognitive problems and organ damage. This exposure can occur in a host of environments, including workplaces with inadequate safety measures or through contaminated water supplies. Regulations such as the Control of Lead at Work Regulations 2002 aim to prevent such instances from happening, but breaches can and do occur.
Pesticide poisoning claims
Exposure to pesticides is known to lead to severe health issues, especially for agricultural workers. Employers are required to provide personal protective equipment (PPE) and proper training to handle these substances safely. If these regulations aren’t followed, resulting in poisoning, you may have grounds for a compensation claim.
Our lawyers have considerable experience of dealing with claims for a wide range of cases of poisoning and will provide you with clear, concise guidance through each step of your claim from your initial enquiry to final decision.
How can I prove I have been poisoned?
In short, it depends. For situations of food poisoning you suspect was caused by a food retailer, you must act quickly, generally within three weeks of being poisoned. We would recommend obtaining a note from your General Practitioner (GP) which confirms a suspected case of food poisoning and when this was observed.
In the case of chemical poisoning, it will be important to prove that you were actually exposed to a poisonous substance and that the person or company concerned failed to protect you from that exposure. Keeping medical notes, photographs, any proof of exposure, receipts, and as many details and facts as possible will be crucial in making a case for compensation.
Our lawyers understand what will be needed to help maximise the likelihood of a successful claim and will advise you accordingly.
How long do I have to make a poisoning compensation claim?
The best course of action is to start your claim as close to the time of the poisoning incident as possible. This gives your legal team the maximum amount of time to gather evidence and build a strong case. However, if you have waited to make your claim, you should be aware of the time limits involved:
You can generally make a claim for poisoning up to three years from the date the incident took place or from when you first became aware that your injury or illness was due to poisoning.
There are exceptions to this rule:
- Children: If you were under 18 years old when the poisoning occurred, you have until your 21st birthday to make a claim.
- Mental incapacity: If the affected person lacks the mental capacity to manage their own legal affairs, the three-year limit is waived and only starts if they regain mental capacity.
- Industrial disease: For cases involving prolonged exposure to harmful substances at work, the three-year period starts from the date the illness is diagnosed and linked to the exposure.
- Criminal injuries: If the poisoning was due to a criminal act, such as deliberate poisoning, you generally have two years from the date of the incident to file a claim through the Criminal Injuries Compensation Authority (CICA).
Regardless of the time limit, starting a claim as soon as possible is the prudent thing to do. If you think you have a poisoning claim, contact us today to discuss your situation and ensure your claim is filed within the appropriate time frame.
How much compensation can I claim for poisoning?
The amount of compensation you could receive for poisoning varies widely based on the specifics of your case. Generally, compensation is divided into two categories: general damages and special damages. General damages compensate for the non-financial aspects of your injury, such as pain and suffering, while special damages cover the financial losses incurred as a result of the poisoning.
General damages:
- Physical pain and suffering: Covers the immediate and ongoing pain caused by the poisoning.
- Emotional distress: Compensates for psychological impacts like anxiety and depression.
- Loss of enjoyment: For the activities and hobbies you can no longer enjoy due to your condition.
Special damages:
- Medical expenses: Includes costs for treatments, medications, and hospital stays.
- Lost earnings: Compensates for income lost during your recovery.
- Future loss of earnings: If the poisoning affects your long-term ability to work, this covers future lost income.
- Travel expenses: Costs for travelling to medical appointments.
- Care costs: If you need help with daily activities, you can claim for professional care or care provided by family members.
Should your claim be successful, the total amount of compensation awarded will be based on several factors, including the severity of the poisoning, the duration of your suffering, any long-term effects or disabilities, your age and health prior to the incident, and the overall impact on your quality of life.
To get a more accurate estimate of your potential compensation, use our compensation calculator for general damages based on the Judicial College Guidelines, or contact Injury Lawyers 4U for a detailed evaluation. Our expert legal team will work tirelessly to ensure you receive the compensation you deserve.
Who will pay my compensation?
When making a claim for poisoning, the responsible party depends on the circumstances of the incident.
If you suffered food poisoning from a meal at a restaurant, the restaurant itself, the food producer, or the importer could be held liable. The Consumer Protection Act 1987 states that food sold to consumers must be free from harmful bacteria.
If your poisoning occurred due to exposure to hazardous chemicals at work, your employer might be liable under the Control of Substances Hazardous to Health Regulations (2002). This applies to industries like farming, hairdressing, cleaning, and manufacturing.
In cases where faulty appliances or heating systems cause carbon monoxide poisoning, the responsible party could be your landlord or the local council if they are responsible for maintaining the appliance.
If you experienced drug poisoning due to a prescription error or incorrect dosage, the medical professional or pharmacist involved could be liable.
If you or a family member were poisoned by a household product, the manufacturer might be held responsible, especially if they failed to provide adequate safety instructions or child-proof packaging.
For poisoning due to exposure to industrial chemicals, your employer or the company responsible for maintaining safety standards might be liable.
These are just a few examples, and each case is unique. Regardless of the scenario, if you’ve suffered poisoning due to the negligence of another party, you might be entitled to compensation. Our experienced legal team at Injury Lawyers 4U can help you determine who is responsible and guide you through the claims process.
Will I have to go to court if I make poisoning claims?
Most poisoning compensation claims are settled out of court through negotiations between your legal team and the responsible party’s insurers. This process can often result in a fair settlement without the need for a court hearing.
However, if the other party disputes the claim or an agreement cannot be reached, it may be necessary to take the case to court. If this happens, Injury Lawyers 4U will support you throughout. Our experienced solicitors will guide you through the legal proceedings, prepare your case thoroughly, and represent you in court to ensure you have the best chance of securing the maximum level of compensation.
While the prospect of going to court can be daunting, rest assured that we are committed to making the process as straightforward and stress-free as possible. Our goal is to achieve the best possible outcome for you, whether through a negotiated settlement or a court verdict.
What happens next?
If you believe you have been poisoned and wish to inquire as to whether you are entitled to receive compensation, call our offices on 0333 400 4445 to speak to one of our friendly staff. We will evaluate your case and let you know quickly whether it is worth pursuing a claim. Alternatively, you can request a call back through our contact form and we will be in touch in the manner in which you have requested.
