Food poisoning claim against a supermarket

Posted on November 19, 2025

In this personal injury case our client had developed severe food poisoning after mistakenly eating mouldy cheese from a pack of cheese bought at Morrisons supermarket.

Our client, who is in her 40’s, had a ruined holiday and weeks of illness following the incident. WM Morrisons Supermarkets Ltd admitted liability and a breach of duty of care and a settlement of £7,500 was made out of court.

The cheese was well within its sell by and eat by date on the packaging, but within hours of snacking on it our client was affected, only later did she notice large black lumps of mould in the packet.

Food poisoning symptoms

Her first symptoms started within hours after eating the mouldy cheese. She had mild nausea and loose bowel movements, this later developed in to more severe diarrhoea, nausea, abdominal cramps and a temperature, as well as urticaria, a rash of itchy, raised, and red or white welts (wheals) that appeared on her skin.

Unfortunately, our client from Cumbria had a pre booked much-anticipated all-inclusive family trip to Ibiza booked, with a pre-trip night at a Manchester hotel to break the journey. She had no option but to go ahead with the trip however her enjoyment was severely curtailed, she was unable to use much of the all-inclusive options, limited her food choices, avoided alcohol, did not use the pool facilities and was unable to sunbathe. In a telephone call to her doctor whilst away her Campylobacter infection was confirmed after testing was done on the samples she had provided.

Our client continued to feel ill whilst away and, on her return, had to be admitted to hospital for fluids to help her rehydrate as the illness had left her severely dehydrated and 10lb lighter in weight.

What is campylobacter infection?

In this case it was mouldy cheese, however Campylobacter infection can also be found in undercooked poultry, unpasteurized milk, contaminated water, unwashed fruit and vegetables, handling raw meat and person to person transmission.

Commenting on the case, Personal Injury Solicitor, Mike Talbot said:

“In this instance the food poisoning was severe and our client had a range of symptoms, her compensation reflects this as well as enjoyment of her holiday and time she had to take off work. Campylobacter is a notifiable organism under the Health Protection (Notification) Regulations 2010, meaning doctors must report confirmed cases to the UK Health Security Agency (UKHSA).

“We always advise clients to document and photograph any potential issues surrounding their case and our client did everything right, she got pictures of the mouldy cheese, noted the sell by and best by dates, retained all receipts, noted all her medical records and doctors’ visits and of course receipts for her ruined trip,” added Mike.

Food poisoning claims

In food poisoning claims your solicitor will look at the following:

Negligence or breach of duty - the food provider (restaurant, caterer, supermarket, hotel) owe their customers a duty of care, it is necessary to show they breached it (poor hygiene, unsafe storage, cross-contamination, etc.) and that breach caused illness.
Product liability (strict liability) - where a food product is defective or contaminated, the Consumer Protection Act 1987 can make producers/suppliers strictly liable for personal injury caused by that product.
Statutory or regulatory enforcement - criminal/regulatory laws set hygiene standards and create offences. The Food Safety Act 1990 and related regulations impose duties on food businesses; breaches may be used as evidence in civil claims and trigger enforcement by local authorities or the Food Standards Agency.

“In this case as well as the witness statement and photographs from our client, we also had laboratory tests proving campylobacteria and were able to include general and special damages,” said Mike.

In terms of compensation from a food poisoning claim our personal injury solicitors will look at general and special damages:

General damages are usually for pain, suffering and loss of amenity. Food-poisoning cases sit across a spectrum from short, self-limiting gastroenteritis to severe bowel injury or prolonged IBS.
Special damages include financial losses caused by the illness: lost earnings, medical and travel expenses, care costs (paid or unpaid help), and other quantifiable losses and of course in this case the ruined holiday could be considered.

It’s always best to act quickly and don’t rely on memory months later - the Limitation Act 1980 typically gives clients three years to start a claim.

How can we help?

If you or a family member suspect your symptoms were as a result of contaminated food, the law offers routes for food poisoning compensation. For legal advice on making a food posioning claim or for more information contact our personal injury lawyers on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.