We have succeeded in making a coeliac illness compensation claim against a holiday company for inadequate food labelling.
Award-winning personal injury lawyer, Carly Sylvester, has succeeded in winning a holiday sickness claim at trial.
Her client, who for confidentiality reasons we shall refer to as Mr C, booked a package holiday to Turkey. Mr C specifically selected a resort that was known for providing food that was suitable for coeliac patients, a condition he had suffered with since childhood.
Upon arrival at the hotel, Mr C made his condition known to the hotel staff and completed an allergen card. Before eating at the restaurant, he made a number of enquiries with the chef and restaurant managers to ensure that their food labelling system in the restaurant was correct, as he was concerned for his health. He was assured by the staff that the labelling system was correct and could be trusted.
Mr C and his partner went ahead and ate an evening meal at the restaurant. In the early hours of the following morning, Mr C began to suffer with diarrhoea, abdominal pain, and a rash over his knees, buttocks and elbows.
After becoming ill, Mr C investigated the food presented by the resort and found that a number of items contained gluten, despite the labelling system of the food items suggesting otherwise.
Upon his return to the UK, Mr C contacted Carly to pursue a personal injury claim due to a worsening of his coeliac condition resulting him being was unwell for a number of weeks and losing a significant amount of weight.
A claim was submitted to the holiday company. Unfortunately, they denied liability as they believed they had a safe food labelling system. Carly felt strongly that the hotel and holiday operator were at fault and therefore took the case to trial.
At trial, the Judge concluded that the holiday company had failed in its legal duty to ensure that the food labelling was correct, causing Mr C to become ill. The Judge awarded Mr C compensation for his injuries and the loss of enjoyment of his holiday.
