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Duffy v First Choice Holidays & Flights Limited

12 July 2000
The issues

Toxocosis – Food Poisoning On Holiday

The facts

The Claimant, aged 23 at the date of infection and 25 at Trial, booked a fortnights honeymoon with F, a tour operator in the Dominican Republic. Two days after arrival she developed central abdominal pain associated with watery stools every 30 minutes. Medication prescribed by a local Doctor led to vomiting and there was also difficulty giving intravenous and intra-muscular injections. The diarrhoea and cramps continued severely for 48 hours, then gradually subsided taking about 4 weeks until she was fully recovered. During the height of the illness, she felt feverish and then anorexic. She lost Ω stone in weight and was restricted to a bread and water diet. Medical evidence concluded that she suffered acute gastro-enteritis, more likely due to infection with enpero-toxigenic eschericia coli, the commonest cause of traveller diarrhoea. The most likely source was from contaminated drinks, either ice or the glasses in which the drinks were served.

The decision

The Claimant was successful and awarded £1,500.00 which took into account disappointment and distress for the spoiled honeymoon and damages for the diminution in value of the holiday.

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