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Holiday Food Poisoning Claims

Mexico Food Poisoning

If you've become ill with a disease such as food poisoning while abroad in Mexico, whether you were there for work or for leisure, our lawyers could help you claim compensation.

Rules about claiming compensation are different around the world, and the same is true in Mexico. As each of the country's 31 states and federal districts has its own constitution, local laws can be complicated.

However, wherever you are in Mexico, there will be laws and regulations in place that cover food handling and preparation. Negligence in this area is the prime cause of illness among over 400,000 British nationals who travel to Mexico every year.

Most of the international personal injury claims we handle are made in England & Wales. But in some cases it may be beneficial to make your claim abroad. We can advise you on this in a free initial consultation about making a claim.

Compensation claims in England & Wales are normally funded through a No Win No Fee agreement. This means that there's nothing to pay upfront, and that you won’t have to pay any legal fees if your claim is unsuccessful*.

We aim to make claiming compensation abroad as simple as possible for you, and work with an international network of legal experts to ensure we're excellently placed to handle claims around the world.

If you've become ill while in Mexico, and think your illness was the result of someone else's negligence, then you could be able to claim. Contact us on 0800 056 4110 for a free initial consultation, or contact us online, and we'll be happy to provide our expert advice.

No Win No Fee
Over £100 million claimed for overseas illnesses and injuries
Long standing links with foreign law experts
Offices across the UK

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Mexico Food Poisoning - More Information
    • What Happens When I Make A Claim?
    • To make a compensation claim for an accident or illness abroad, the first thing you need to do is get in touch with us for a free initial consultation. We'll discuss the circumstances surrounding your accident or illness, advise you on whether or not we think you can claim, and whether you could benefit from a No Win No Fee arrangement.

      If you choose to go ahead, your claim will usually go through the following four stages:

      1. Investigation. We'll establish who's responsible for your accident or illness, and arrange for a medical examination to find out the full extent of your condition.
      2. Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice that you are entitled to.
      3. Compensation. We'll work out how much compensation you should get based on the severity of your injuries and your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to those responsible, and they can either accept blame or contest the claim.
      4. Conclusion. If your opponent accepts blame, you'll be awarded compensation. If not, the case will be settled in court – although this is rare. If you do have to go to court, we'll be there support you every step of the way. If we agreed to handle your claim under a No Win No Fee arrangement, then you won't have to pay anything if you were unsuccessful.

      If you have any questions about the claims process, please contact us today on 0800 121 6558 and we'll be happy to discuss your options in a free initial consultation.

    • How Much Compensation Can I Expect?
    • How much compensation you receive after an accident or illness abroad will depend on a number of factors related to your injury or illness, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim is based on:

      • Your condition, and its severity
      • Psychological trauma experienced
      • Current and future loss of earnings if you've had to stop working in the short or long-term
      • Medical expenses you've had to or will have to pay both abroad and in the UK, as well as travel expenses to any appointments
      • Your care and support needs – both now and in the future
      • Modifications to your home
      • Mobility aids
      • The amount you had spent on your holiday or travel abroad, and the loss of enjoyment you've experienced
      • Your pain and suffering
      • Other financial loss or expense due to your injury

      For more information, call us on 0800 121 6558 and we'll be happy to discuss your options in a free initial consultation.

    • Can I Make A No Win No Fee Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household, travel or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – even then your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

      Please visit our No Win No Fee page for more information on how it works.

    • Can I Claim In The UK?
    • Even if your accident or illness occurred abroad, you can often make a claim here in the UK, though this will vary depending on your circumstances. For example, if you suffered an accident or illness while staying in a hotel as part of a package holiday, you should be able to make a claim against the tour operator here in the UK.

      You can also usually claim in the UK if you’re claiming against an individual insurer or employer that is based in the UK, or a business or insurer based in the EU. The law around compensation is different in each country, so we will consider where it would be best to make your claim in order to get the best possible result for you.

      If you do have to make a claim abroad, there’s nothing to worry about as we have years of experience in helping clients to claim in more than 80 countries around the world. We work with an international network of law firms to represent and support our clients and their families when they need to claim, no matter which country the accident or illness occurred in. Most claims are settled out of court, so it’s unlikely that you will need to travel abroad for a court case. If this is necessary in your case, we will support you every step of the way.

      If you have any questions or concerns about making a claim abroad, contact us on 0800 121 6558 for a free consultation. We'll be able to advise you on your options, and talk you through the process.

I am relieved that our legal battle is finally over. Our holiday was a nightmare and we were so disappointed. We’re glad Irwin Mitchell has managed to achieve a successful outcome for us”

David, client

Frequently Asked Questions

What Illnesses Are Common In Mexico?

The main cause of illness for travellers in Mexico is gastric illness, commonly known as food poisoning. In our experience of handling claims in Mexico, we've found that food handling and safety standards in hotels are generally below what you might expect in the UK, creating a higher risk of food poisoning.

Food poisoning is caused by consuming food or drink that's contaminated with bacteria or viruses, which include:

  • Cryptosporidium
  • Giardia
  • Salmonella
  • E coli

Food can become contaminated due to:

  • Improper storage
  • Handling
  • Negligent preparation, such as undercooking food, or storing vegetables with raw meat

You can find out more about the causes in our food poisoning guide.

The people responsible for failure to meet health and safety standards in this way – usually those preparing or serving food in a restaurant or hotel, for example – may not be those liable for paying a compensation settlement. If you were travelling as part of a package tour, for example, the tour operator could be held responsible for failing to select venues that met health and safety standards.

If you're unsure whether you'll be able to make a claim, or have any questions about our services, don't hesitate to give us a call on 0800 121 6558 for a free initial consultation. We'll discuss your circumstances and offer our expert advice on your options.

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How Is Making A Claim In Mexico Different To The UK?

If you developed an illness in Mexico, you won’t necessarily have to pursue a claim through the country's own courts. If a tour operator, employer, or other business based within the UK is found to be liable for your illness, then it could be possible to claim through the UK courts.

If you're pursuing your case through the UK courts, you generally have three years from the date of illness to bring a compensation claim – though there are exceptions, such as if you were under 18 at the time.

However, if you're claiming directly against a local business in Mexico, such as a restaurant, or a hotel that you booked yourself rather than staying at through a package deal, then you may have to pursue your claim through the Mexican courts.

We understand that many people will have concerns over claiming in another country, but rest assured that we make every effort to ensure the process is as simple as possible for you. We work with an international network of partner law firms and will attend any court hearings so you don't have to go to court abroad as part of your claim.

In Mexico, the legal time limit to make a claim may be as short as 12 months, which is why it's vital to seek legal advice as soon as possible, to ensure you don't miss your opportunity to claim compensation that you're entitled to.

If you have any concerns about making a claim abroad, or any questions about the claims process more generally, call us today on 0800 121 6558 for a free initial consultation on your case. There's no obligation to continue after this conversation.

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Why Choose Irwin Mitchell For A Mexico Food Poisoning Or Illness Claim?

We understand that making a compensation claim can seem like a daunting or stressful prospect, particularly when you might have to deal with the legal system in another country, and a language barrier too.

When we take your case, we'll handle every aspect, from gathering evidence of the causes behind your illness, to representing you at court hearings, so you don't have to travel abroad again.

Mexico's legal system can be complex, with each state or district having slightly different rules and regulations. We work with an international network of partner law firms to support us and our clients as we make compensation claims around the world, and we have advisors in Mexico to ensure we're excellently placed to assist with an illness or food poisoning claim.

With the largest international personal injury law team in the UK, we've helped hundreds of holidaymakers who became ill while staying in Mexico, including the following high-profile cases:

  • Viva Azteca Hotel. We secured over £350,000 in compensation from tour operator My Travel after 120 people became ill while on holiday at the Viva Azteca hotel. Holidaymakers noticed issues with hygiene standards, and reported gastric illness symptoms soon after. Many of those affected have been left with long term health problems, including irritable bowel syndrome and chronic fatigue syndrome as a result of the illnesses.
  • The El Dorado Royale Hotel. We represented a couple in a compensation claim against travel company First Choice after one of them contracted salmonella from contaminated food at the hotel. Our client suffered abdominal pain, diarrhoea and vomiting, hot and cold flushes, and sweats and shivers. She quickly became so ill that she had to be hospitalised, but was forced to pay $600 before she could be taken by ambulance to the local accident and emergency department. Our client is likely to suffer with back pain, abdominal pain and fatigue for the rest of her life as a direct result of the illness contracted during her holiday. We were able to secure £45,000 in compensation after the travel company admitted liability.

If you'd like to find out more about our services, the claims process, or how else we can help you, call 0800 121 6558, or contact us online for a free initial consultation on your case. We'll give you our expert advice, and discuss your options with you.

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Our International Expertise


Our lawyers are recognised as leaders in the field of international law, and we bring this expertise to your claim. Members of our team regularly lecture internationally, are consulted on international law reform issues, and hold key positions in several leading international organisations, including:

  • The Pan-European Organisation of Personal Injury Lawyers
  • The American Association for Justice
  • Travel and Tourism Lawyers Association

We also have a long history of campaigning for improvements in health and safety. Our aim is always to improve the quality of life and levels of compensation for those who have suffered illness or been involved in an accident on holiday.

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

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To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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