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Food Poisoning at Resort

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SalleyJ

Junior Member
I reside in Florida.
About a month ago my wife and I took a quick vacation to an all-inclusive resort, ABC Hotel, in [LOCATION]. We were there for 3 nights. The last night I became ill from food poisoning, with the usual symptoms. A most unpleasant experience, my wife called down to the front desk. It was 2:00 AM and all they could do was send up two cans of club soda as there was no doctor on the premises at that time. The next morning she went to the front desk to ask for some assistance. They sent me to the doctor's office who filled out some forms, recorded my vitals, and shot me in the butt with something to calm the nausea and cramping. Made it through the day and the flight home, and I was fully recovered about two days later.
I then contacted ABC corporate via email. They are located in [LOCATION]. Slow to reply, about 4 days later I received an email apologizing for my getting sick, but firmly denying any responsibility or even possibility they were at fault. They asked me for verification that I became sick while there. This required directly contacting the clinic who the doctor worked for. They emailed my the paperwork which I then forwarded to ABC. They replied, days later, as expected:

"We would like to inform you that we have looked into your file. We have perused your medical evidence together with our Health & Hygiene department but unfortunately given the general nature of the diagnosis we cannot further investigate on the possible source of your indisposition. As you may know, an unspecified gastroenteritis and dehydration can be caught in many ways, especially having changed to a different diet and ambience - without necessarily referring to the hygiene of these. We would like to reiterate the excellent hygienic conditions of our hotels and that we give these our complete priority.
You may agree that if your indisposition may have been caused by any bacteria present on our food or drinks, with a high occupation rate and an all-inclusive buffet restaurants catering program we should have had many other gastric illness reports on the same dates. Nevertheless there was no significant number of reports that week. Under these circumstances ABC Hotels & Resorts cannot be held liable for your unfortunate ailment."

Let me add that while my wife was at the front desk that morning another guest overheard her conversation and jumped in, saying his wife has been sick with food poisoning for two days, unable to leave her room. I did some research online, over at TripAdvisor.com, I was able to find approximately a dozen reviews from guests who suffered food poisoning since this resort opened in December, 20XX.
All I originally asked for was a refund for my last night's stay. But their flat out refusal to accept any blame and to consider the possibility that their food handling and prep needs oversight has left me angry. Do I have any legal grounds worth pursuing? Thank you.
 
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quincy

Senior Member
If there is no evidence showing all incidents are connected to a single source, it is not likely you will be compensated for a medical complaint that is not an uncommon one when traveling.
 

SalleyJ

Junior Member
If a dozen guests suffer food poisoning while at the hotel, isn't the single source likely the food being served at the hotel?
 

Whoops2u

Active Member
It really doesn't make any difference what you think is likely, it's what you can prove. You can't prove anything about something that may or may not have happened in a foreign country overseen by a corporation in a different foreign country for anywhere near what your damages might be.

It is over.
 

quincy

Senior Member
The resort has been reviewed by a few guests at the resort who reported having gastrointestinal problems - but the reviews show the guests stayed at the resort at different times over a large span of time. There is no indication that there was a single source of contamination.

I do not see any lawsuit that can be pursued against the resort based on what has been stated.
 

adjusterjack

Senior Member
If a dozen guests suffer food poisoning while at the hotel, isn't the single source likely the food being served at the hotel?
You wouldn't be able to prove anything unless you went to the hospital, had your stomach pumped and the contents analyzed within a very short time after the meal.

You have nowhere to go with this.
 

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