Will I need to take a claim for food poisoning in a Brewers Fayre pub to court in order to get an award of compensation?
Although it may be necessary to take your claim for food poisoning in a Brewers Fayre pub to court to be decided, if a strong case can be prepared and there is evidence to establish that the pub food caused your illness, it is probable that Brewers Fayre food poisoning compensation can be recovered without litigation.
If the pub owner, management or staff is responsible for you having contracted an illness, a claim can be made against the pub’s public liability insurance policy. The insurance company must pay you compensation for your illness; provided it can be proven that you became ill as a direct result of negligence by the pub management or staff.
The insurance company may contact you directly to offer you a settlement before you make a Brewers Fayre food poisoning claim, provided that the pub manager has been notified that you have become ill after eating in the pub. You should therefore write to the pub manager explaining that you have contracted food poisoning and that you intend to make a legal claim to recover compensation for your Illness from pub food. If it is possible and practical to do so, you should also return to the pub and request the accident book and to make a report of your illness.
If you receive an offer to settle your claim, it is important that you speak with a personal injury solicitor before accepting a payment of compensation. Insurance company offers are usually far lower than the full entitlement to compensation and, if you allow a solicitor to assess the offer, it will ensure that your claim is not under-settled. If the offer is not appropriate you will need to make a legal claim to ensure you receive an award of compensation that will compensate you for all aspects of your illness.
You should not wait for an insurance company to contact you as settlement offers are not always made; so the best course of action is to contact a personal injury solicitor about starting the legal process of making a food poisoning claim. A solicitor will assist you with the collection of evidence to support your case and will draft a claims letter to the pub manager initiating the claims process; contact will also be made with the pub’s insurance company requesting prompt settlement of the case.
Litigating a Brewers Fayre food poisoning claim is considered a last resort when it is not possible to negotiate a settlement with an insurance company, or when liability to pay you Brewers Fayre food poisoning compensation is rejected by the insurer.
If your claim for food poisoning in a Brewers Fayre pub is supported by an Environmental Health Department report confirming the presence of pathogenic bacteria in the pub kitchen, it is probable that you will be able to recover compensation for your Illness from pub food without court action being necessary.