Contaminated Food or Drink Claims

No one expects to become ill from the very things we rely on to nourish ourselves. Whether it’s a meal out with family, a lunch from the supermarket, or a drink on the go, we all trust that the food and beverages we consume are safe. So when food is contaminated or improperly handled, it can leave more than a bitter taste. It can cause serious illness, lasting health problems, and weeks of disruption to your life.

At John O’Leary Solicitors LLP, we’ve been helping people in Tallaght and across Dublin for over 20 years. We know the local restaurants, the shops, the supply chains—and we know just how upsetting it is when something as routine as a sandwich or bottle of water leads to food poisoning, allergic reactions, or even hospital stays. These situations are never just about one bad meal—they’re about accountability, recovery, and making sure it doesn’t happen again.

If you or someone in your family has become unwell due to contaminated food or drink, you don’t have to take the next steps alone.

Talk to John O’Leary Solicitors today and find out where you stand. Your health and peace of mind come first—and we’ll make sure the law supports that too.

What Counts as Contaminated Food or Drink in Ireland?

In Ireland, we’re lucky to have high food safety standards—but that doesn’t mean contamination never occurs. Whether it happens in a restaurant, a factory, a shop, or at home, contaminated food or drink can cause serious illness. And when it does, it may give rise to a legal claim—especially when another party failed to uphold their duty of care.

What Do We Mean by “Contaminated?”

Contamination can occur in several different ways:

Biological contamination: This includes bacteria, viruses, or parasites such as Salmonella, E. coli, Listeria, Campylobacter, and Norovirus—all of which can trigger symptoms of food poisoning.
Chemical contamination: This happens when cleaning products, pesticides, or toxic substances come into contact with food or drink, often due to poor kitchen hygiene or unsafe packaging materials.
Physical contamination: This involves foreign objects like glass shards, metal fragments, hair, plastic, or insects being found in your food or drink.

Contamination can happen at any stage of the supply chain—from preparation and processing to storage, transport, and serving.

Common Causes in Ireland

Contamination is rarely about one isolated slip-up. It often results from a breakdown in basic food safety practice. Some of the most frequent causes reported by the Food Safety Authority of Ireland (FSAI) include:

Food not cooked or reheated thoroughly (especially meat, poultry, rice, or reheated sauces)
Cross-contamination during handling (e.g. raw meat prepared near ready-to-eat foods)
Inadequate handwashing or poor hygiene by staff
Improper food storage (e.g. cold foods not kept refrigerated, or food left out too long)
Use of expired or out-of-date ingredients
Packaging that is damaged, unsealed, or incorrectly labelled
Pest exposure—such as insects or rodents in the food preparation area

Beverage Risks

Although we often focus on solid food, drinks can be just as dangerous when improperly handled. Examples include:

Bottled water or juices with microbial contamination
Milk or dairy drinks left unrefrigerated
Takeaway coffees made with unclean equipment
Alcoholic drinks containing foreign substances

Even tap water may be unsafe if there’s a problem with local water treatment, pipe integrity, or bacterial outbreaks.

Signs of Food Poisoning and Related Illnesses

The symptoms of food poisoning can come on suddenly—or they can creep in hours or even days after eating contaminated food. It’s not always easy to make the connection straight away, especially if several meals have passed. But if you or your child become unwell after eating out or consuming store-bought food, it’s important to be alert to the signs and act quickly.

Common Symptoms of Foodborne Illness

Some of the most typical symptoms include:

Nausea and vomiting
Diarrhoea (sometimes severe or bloody)
Stomach cramps or abdominal pain
High temperature or chills
Headaches or dizziness
Muscle aches and fatigue
Dehydration (dry mouth, low urine output, confusion)

These symptoms may last a day or two in mild cases, but in more serious instances, they can persist for a week or longer—requiring medical treatment or even hospitalisation.

Illnesses Caused by Contaminated Food

The most common infections linked to food in Ireland include:

Salmonella– found in undercooked meat, eggs, or raw produce
Listeria– associated with unpasteurised cheese, cold meats, or pre-packed salads
Campylobacter– often linked to poultry or cross-contamination in kitchens
coli– may be present in minced meat, unwashed greens, or contaminated water
Norovirus– highly contagious and often spread via improperly handled food

In most cases, a GP can confirm suspected food poisoning through clinical assessment, stool tests, or lab confirmation from the HSE. These results can support your legal claim and help identify the likely source of the infection.

Who Is Most at Risk of Serious Harm?

While food poisoning is unpleasant for anyone, it can be particularly dangerous for vulnerable individuals, such as:

Young children
Pregnant women
Older adults
Those with chronic illness or weakened immune systems

These groups may suffer more severe complications like kidney failure (e.g. from E. coli), meningitis (e.g. from Listeria), or long-term digestive problems.

No matter the age or health status, contaminated food should never be taken lightly. If symptoms are severe or persistent, always seek medical help.

Where Contamination Most Commonly Occurs

Food and drink can become contaminated at any point along the supply chain—from the factory floor to your plate. In Ireland, contamination is often linked not just to the origin of the food, but to how it’s handled, cooked, stored, or served. Understanding where things go wrong can help you identify where responsibility lies if you’ve been made ill.

Restaurants, Takeaways, and Cafés

These are some of the most common settings where food poisoning originates. Contributing factors may include:

Undercooked meat or seafood
Hot foods not kept above 63°C
Poor kitchen hygiene and cross-contamination
Staff returning to work while still ill with contagious symptoms
Dirty equipment or poorly maintained refrigeration

Buffets and self-serve counters can pose additional risks if utensils are shared or sneeze guards are absent.

Supermarkets and Local Shops

Problems here often relate to the sale or display of:

Out-of-date chilled items
Damaged packaging (e.g. broken seals, leaks)
Improper refrigeration of dairy, meat, or frozen goods
Cross-contamination in delis or bakery counters

Food that has been repackaged by the store may lack clear labelling or safe handling instructions, which makes it more difficult for the consumer to assess the risk.

Schools, Creches, and Nursing Homes

Institutions that serve food to vulnerable populations—such as children or older adults—have a legal duty to maintain the highest standards of food hygiene. Failures in these settings can be particularly serious and may involve:

Bulk-cooked meals not reheated to a safe temperature
Poor storage of allergens or failure to avoid cross-contact
Inadequate cleaning of food preparation areas
Lack of proper food safety training for kitchen staff

Catered Events and Public Gatherings

Weddings, conferences, festivals, and workplace events all involve food being handled on a large scale, often under time pressure. Common issues include:

Food left unrefrigerated for long periods
Contaminated ingredients used across multiple dishes
Poorly maintained mobile kitchen units
Inadequate handwashing facilities for food handlers

Wherever it happens, contamination that causes illness can amount to a breach of duty of care under Irish law. Whether the responsible party is a restaurant, a food supplier, or a public body, you have a right to hold them accountable.

What to Do if You Suspect Contaminated Food or Drink

If you believe contaminated food or drink has made you—or your child—ill, the most important thing is to prioritise your health. Once medical needs are addressed, it’s equally important to take steps that can help support a legal claim should you decide to pursue one.

Step 1: Get Medical Attention

Even mild symptoms can worsen quickly, especially in children or older adults. Visit your GP or out-of-hours clinic if you notice signs of food poisoning such as vomiting, diarrhoea, or fever. A medical record confirming the illness will be crucial in linking the symptoms to a likely cause.

Step 2: Keep the Suspect Food or Drink (If Possible)

If you still have the item that caused the illness, store it carefully:

Place it in a sealed container or bag
Label it with the date and time it was consumed
Refrigerate or freeze it to preserve its condition

This can later be used for laboratory testing, either by the HSE or a private expert engaged during a legal claim.

Step 3: Record Everything

Details matter. Make a clear record of:

What was eaten or drunk, and where it was bought or consumed
When symptoms began and how they progressed
Whether anyone else who shared the same meal also became ill
Any receipts, packaging, or delivery confirmations

Photos of the item, its packaging, or expiry date can also be valuable.

Step 4: Report the Incident

In Ireland, you can:

Report food-related illness to your local Environmental Health Officer (EHO)
Use the Food Safety Authority of Ireland (FSAI)complaint form.

These authorities can investigate the source and may identify wider risks, such as contaminated batches or unhygienic kitchens.

Step 5: Get Legal Advice Promptly

Legal time limits apply to personal injury claims. If you wait too long, crucial evidence can be lost—especially if the food outlet changes hands, closes, or cannot be contacted.

You don’t need to gather everything before speaking to a solicitor. Even a brief consultation can help determine whether you may have a case and what to do next.

Who Is Responsible for Food Safety in Ireland?

In Ireland, responsibility for food safety doesn’t fall on the consumer—it falls on those who produce, prepare, and sell food to the public. Whether you fell ill after eating in a local restaurant or got sick from something bought in a supermarket, there are clear legal and regulatory pathways to hold the right people accountable.

Legal Responsibilities of Food Businesses

Food providers in Ireland are legally required to ensure that everything they offer is safe to eat. This includes

These requirements are set out under Irish and EU food law, including the Food Hygiene Regulations (SI 117/2010) and the General Food Law Regulation (EC) No. 178/2002.

What the FSAI and Environmental Health Officers Do

If you suspect food poisoning, you should report it to your local Environmental Health Officer (EHO). To do this, have the following information ready:

The name and address of the restaurant, café, takeaway, or shop
A full description of your complaint (what was eaten, when, symptoms, etc.)

You can also report it directly through the Food Safety Authority of Ireland (FSAI) website. Their confidential complaint form is easy to complete and will be forwarded to an HSE EHO, who will investigate. The complaint will not be shared with the food business.

Alternatively, you can call the FSAI advice line on 0818 33 66 77.

Testing Food Samples

If you still have a portion of the food, it may be possible to have it tested. The Public Analyst Laboratory can analyse food samples if submitted through the HSE Environmental Health Service—free of charge. If you submit samples privately, there may be a cost.

This type of evidence can be invaluable when supporting a legal claim and may confirm contamination not obvious to the eye.

Causation: The Hardest Part to Prove, and the Most Important

Causation is the legal bridge between the unsafe food and your illness. Without it, there is no case—no matter how serious the symptoms or how obvious the fault. You must show that it was more likely than not that the food you consumed caused the harm you suffered.

In food-related claims, this is rarely straightforward. Illness often arises hours or even days after eating. You may have had several meals across different locations. The food may be gone. And symptoms like vomiting or diarrhoea could come from dozens of causes. That’s why causation is usually the hardest part of the case—and the part that defendants target first.

To establish causation, your solicitor has to draw a clear, uninterrupted line from the food to the illness. That line is built on facts, not assumptions.

What Courts Look For

Irish courts look for a coherent timeline and a clinical basis. It’s not enough to say, “I felt sick after that sandwich.” The question is:

Were you healthy before the meal?
Did symptoms develop in a typical window for foodborne illness?
Were others who ate the same food affected?
Did a GP or hospital confirm a likely cause?

Each of these answers adds weight. But causation is not a checklist—it’s a chain. And the longer the time between the food and the illness, the more that chain is tested.

The faster you act, the easier it is to preserve the chain of causation.

Time Limits and the Risks of Delay

Like all personal injury claims in Ireland, contaminated food or drink claims are subject to strict legal time limits. You generally have two years from the date you first knew (or ought to have known) that your illness was linked to the food. This is known as the “date of knowledge.”

It’s not always the date you consumed the item—many foodborne illnesses have incubation periods. But once a GP suggests food poisoning, or symptoms line up with a known outbreak, the clock starts ticking.

Why Waiting Is Risky

Time limits aren’t just about legal deadlines. They also affect the strength of your case. Delay almost always works against the claimant. Here’s why:

Evidence disappears– Receipts get lost, packaging is binned, premises are cleaned, menus change.
Businesses deny responsibility– The longer the delay, the easier it is for them to argue the illness came from somewhere else.
Witness memory fades– Staff turnover in restaurants or retail is high. Waiting too long may mean there’s no one left to answer key questions.
Medical records weaken over time– If you delay seeing your GP or reporting symptoms, causation becomes harder to establish. It raises the question: why didn’t you act sooner?

Even if you don’t feel ready to make a formal claim, seeking advice early helps protect your position. A solicitor can preserve timelines, contact witnesses, and request records long before anything escalates.

Exceptions and Extensions

If the claim involves a child, the time limit is paused until they turn 18. This means a parent or guardian can bring the claim on their behalf at any stage before that point, and the child themselves can bring a claim up to age 20. In rare cases involving late diagnoses or concealed risks, the two-year limit may also be extended—but only in limited and tightly interpreted circumstances.

If you’re unsure when your time limit runs out, don’t guess. One short call can give clarity and make the difference between a live claim and one that’s out of time.

Frequently Asked Questions

Can I bring a claim if the food is no longer available?

Yes. While having leftover food or packaging can help, it’s not essential. Most claims are built around medical evidence, symptom timelines, and expert opinion—not the food itself. If you reported the incident, sought medical advice, or made a complaint to the FSAI, those steps can substitute for physical samples.

What if I was the only person affected?

A claim can still succeed even if you were the only one who fell ill. Individual sensitivity, portion size, or even the part of the dish you ate may explain why others were unaffected. If your GP confirmed a diagnosis consistent with food poisoning, that may be enough to proceed.

Can I still claim if I didn’t report it to the restaurant or FSAI at the time?

Yes, though early reporting strengthens a case. You can still claim based on your medical records and personal account. However, without a report, there may be less corroboration—so acting quickly from now on (e.g. contacting a solicitor) is key.

Do I need laboratory testing to win my case?

No. While lab analysis of the food or stool samples can help, most successful claims rely on a combination of evidence—like your GP’s notes, the timeline of your symptoms, or any confirmation from the HSE or FSAI about related complaints.

Can I make a claim on behalf of my child?

Yes. A parent or guardian can bring a claim on behalf of a minor. Children are particularly vulnerable to foodborne illness, and the time limit for bringing a claim on their behalf only begins when they turn 18—so you have until their 20th birthday to initiate proceedings.

What if the business that sold the food has shut down?

You may still be able to claim. If the food was supplied through a chain, franchise, or distributor, liability may still attach to another party in the supply chain. If the business had insurance in place before closing, a claim might proceed against their insurer.

Can I claim if the illness worsened a condition I already had?

Yes. If contaminated food aggravated an existing condition—like IBS, Crohn’s disease, or diabetes—you may still be entitled to compensation. Irish law recognises that not every person will be affected in the same way, and a defendant must take a claimant “as they find them.”

Speak to John O’Leary Solicitors LLP Today

If you or your child has suffered illness from unsafe food or drink, don’t wait. Contact John O’Leary Solicitors LLP for clear, practical advice from a local team that understands your rights and the steps that matter most. Based in Tallaght and trusted across Dublin for over 20 years, we’ll listen carefully and act quickly. Call us or email today to speak directly with us.