Andrew Young considers how gastric illness claims have been impacted by Wood v Tui UK Ltd
- Wood v Tui UK Ltd provides good news for claimants bringing claims against tour operators in relation to food poisoning suffered on package holidays.
For a long time, a controversial issue in travel law has been whether tour operators selling package holidays are subject to strict liability in respect of claims brought by clients for food poisoning caused by eating contaminated food at the hotel where they stayed as part of the package contract or whether they have to prove negligence or improper performance under the Package Travel Regulations in order to bring a successful claim. In two unreported first instance decisions, Kempston v First Choice Holidays & Flights Ltd (HHJ Stephen Davies, Lawtel, 7 June 2007) and Antcliffe v Thomas Cook Tour Operations Ltd (HHJ Worster, Lawtel, 4 July 2012), the court on both occasions upheld the claimant’s argument in favour of strict liability, on the basis that this was imposed on the tour operator by the term implied into the package holiday contract by
