Over 900 British tourists are taking legal action against Tui after having taken ill with gastrointestinal infections when staying in Cape Verde within the last three years.
Illnesses such as shigella and salmonella have been reported at seven different hotels in Cape Verde. Many have been hospitalised; one man became unconscious, and another individual was initially thought to be having a stroke.
The most recent group action is compiled of 10 people who stayed at Riu Cabo Verde. In 2023, over 20 people instructed solicitors after staying at Riu Funana Hotel, and in 2022, more than 170 people instructed solicitors after staying at the same hotel. Hundreds of others instructed solicitors after staying at different hotels in Cape Verde since 2022.
To date, Tui has not made a statement about the illnesses, or the legal action being taken.
Compensation claims for disease and illnesses
If you contract an illness after staying abroad, you may be able to make a claim against the tour-operator under The Package Travel Regulations 2018. A package holiday is a combination of two or more different types of travel services that are combined for the same purpose of the trip.
Travel service includes flights/trains/coaches, accommodation, vehicle hire, or excursions/guided tours/ski passes/rental of sports equipment. Some examples of tour operators which offer package holidays are:
- TUI
- Thomas Cook
- British Airways
- EasyJet
- Jet2Holidays
In order to successfully bring a claim under the Package Travel Regulations 2018, for food poisoning it is essential to prove that you were ill, the illness was a result of the food and/or drink which was not satisfactory, and that the food/drink was provided under the holiday contract.
Therefore, it is recommended that if you do become ill while on holiday, you:
- Gain medical evidence from a doctor at the resort or on your return home
- Have evidence that you complained of the illness to your tour representative or hotel
- Have evidence that other guests you were staying with, were also ill during the same period (if known)
- Take photographs or videos during your stay
If you contract a gastrointestinal illness while staying abroad, it is recommended that you get evidence from a gastroenterologist who can confirm the nature and extent of your illness.
To initiate a claim, you should:
- Contact a law firm with experience in these types of claims
- Start your claim within the three-year time limit from the date of the injury (unless, for example, it was a sea cruise, then you must start your claim within two years)
- Provide evidence of the illness and any related expenses
You can claim compensation to cover:
- Medical expenses
- Lost wages
- Your injuries – your pain, suffering and loss of amenity
- Future losses if the injury leads to long-term disability or inability to work
Comment
Here at Nelsons, we have a team of expert personal injury solicitors with extensive experience in making successful Holiday Accident Claims and Food Poisoning Claims.
We have assisted many clients who have suffered food poisoning, such as e-coli, gastroenteritis, salmonella, and clostridium, as a result of poor food quality, procedures, or hygiene and have an excellent track record of securing compensation on their behalf.
How we can help
Holly-Louise Batey is a Paralegal in our Personal Injury team, which is ranked in Tier One by the independently research publication, The Legal 500.
If you have any questions in relation to the topics discussed in this article, please contact Holly or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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