What Are My Legal Rights If I Had An Allergic Reaction After Eating At A Restaurant?

Do you suffer from a serious food allergy? If you have suffered from a serious food allergy reaction after eating at a restaurant, cafe, bar or another establishment that serves food, you could be entitled to make a food allergy claim for compensation, if the allergic reaction was caused on the part of the restaurant or establishment.

Restaurant food allergic reaction

Restaurant food allergic reaction

Trust Accident Claims UK to provide you with an excellent food allergy claims solicitor to handle your compensation claim. We are a well respected personal injury law firm, that provide excellent personal injury solicitors to claimants across Great Britain. Our solicitors have up to 30 years of experience handling personal injury claims for allergies and other injuries, so you’re bound to be in safe hands. Our solicitors will always fight to win you the maximum amount of compensation that you are entitled to claim and you will have the option to make a no win no fee claim.

If you have suffered an extreme allergic reaction such as an anaphylactic shock after eating at a restaurant or a cafe, because of negligence on the part of the cafe, you could be entitled to claim damages & compensation for your injuries, plus additional special damages to reimburse you for any expenses associated with your injuries. If you are wondering, What are my rights if I had an allergic reaction after eating at a restaurant?, call Accident Claims UK to receive free legal advice and enquire about making a claim. One of our legal advisors will be able to determine whether or not you have legitimate grounds to make an allergy claim. If you have the right to claim, we will find the right personal injury lawyer to handle your claim and estimate how much money your allergic reaction personal injury claim could be worth.

To start your allergy personal injury claims process, call Accident Claims UK on 0800 073 8801. We’re looking forward to hearing from you.

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A Guide To Finding Out What Your Rights Are After Having An Allergic Reaction In A Restaurant

In this guide to food allergy claims, we will answer the question; “What are my rights if I had an allergic reaction after eating at a restaurant?” We will go into depth to explain a food allergy definition, which common food allergies are a danger to sufferers and food allergies symptoms. We will explain what legal responsibilities a restaurant has towards their customers regarding food allergies, and under what circumstance you can make a claim for compensation. We will also explain what special damages you can claim compensation for and we have included a personal injury claims calculator, to help you to determine how much compensation you could claim.

If you have experienced a serious allergic reaction after eating at a restaurant, because of the negligence on the part of the dining establishment, you could be entitled to claim compensation. Call Accident Claims UK for your free personal injury claims consultation and if you have legitimate grounds to claim compensation, we will provide you with an excellent allergy solicitor who will start working on your food allergy personal injury claim right away.

Food Allergies Definition

A food allergy is defined as the body’s immune system reacting unusually to specific foods. The body’s immune system wrongly mistakes proteins or other substances in certain foods as a threat. The immune system floods the body with chemicals as a result.

Common food allergies include:

  • nut allergy
  • egg allergy
  • milk allergy
  • dairy allergy
  • wheat allergy
  • soy allergy
  • fruit allergy
  • cereal allergy
  • gluten allergy
  • celery allergy
  • seafood allergy
  • fish allergy
  • lupin allergy
  • mustard allergy
  • shellfish allergy

If you believe you have a food allergy, speak to your GP immediately to arrange some food allergy testing.

Sometimes allergic reactions to food bring about minor symptoms which can still be very uncomfortable and unpleasant for the sufferer. Other times, the allergy sufferer can experience a anaphylactic shock, which can be fatal if it goes untreated. If you are with someone who you believe is having an anaphylactic shock, act immediately. Call 999, ask for an ambulance and say you believe that the victim is suffering from “anaphylaxis” or “anaphylactic shock”.

This NHS Guide to Food Allergies has lots of helpful information about the causes, symptoms and treatment of food allergies.

What Does The Law Say About Restaurants And Food Allergens?

Before we proceed, let’s determine what legal responsibilities restaurants, cafes and other dining establishments are responsible for, regarding food allergies. Restaurants are of course in no way responsible for a customer’s allergies, or how they choose to manage their medical condition. However, according to the law, all food and beverage suppliers must clearly indicate 14 specific allergenic ingredients, either on the item’s packaging or on the menu. Not doing so is negligence. Therefore if a customer suffers from a food allergy and consumes an allergenic ingredient because the allergenic ingredient was not labelled or indicated, the food supplier could be held legally liable for any injuries caused and have to pay the customer compensation. Many restaurants also have a policy of telling customers to ask staff about which foods are safe for them to eat if they have an allergy, which will cover any food allergies not covered by the law. If a staff member incorrectly informs a customer about the allergenic ingredients in a food items because of lack of staff training then this could also be taken as negligence on the part of the restaurant.

What Common Food Allergies Should Restaurants Warn You About?

According to Annex II of the EU Food Information for Consumers Regulation No.1169/2011 and Commission Delegated Regulation (EU) No. 78/2014 amending Annex II to Regulation (EU) No 1169/2011. The following products must be indicated or labelled as being present in foods for sale in a dining establishment or shop:

  • Cereals containing gluten, which can trigger someone suffering from a cereal allergy, wheat allergy or gluten allergy, amongst other problems.
  • Crustaceans, which can trigger someone suffering from a seafood allergy or a fish allergy
  • Eggs, which could trigger someone suffering from an egg allergy or dairy allergy
  • Fish, which could trigger someone suffering from a fish allergy
  • Peanuts and nuts (especially hazelnuts, almonds, cashews, walnuts, pecan nuts, pistachio nuts, Brazil nuts, & macadamia nuts), which could trigger someone suffering from a nut allergy
  • Milk and lactose, which could trigger someone suffering from a milk allergy
  • Soybeans, which could trigger someone suffering from a soy allergy
  • Celery and celeriac, which could trigger someone suffering from a celery allergy
  • Mustard, which could trigger someone suffering from a mustard allergy
  • Sesame, which could trigger somebody suffering from a sesame seed allergy
  • Lupin, which could trigger somebody suffering from a lupin allergy
  • Molluscs, which could trigger someone suffering from a shellfish allergy
  • Sulphur dioxide & sulphites, where they are added and present at a level above 10mg/kg or 10mg/L in the finished product. This can be used as a preservative in dried fruit. This can trigger an allergic reaction.

What Causes A Food Allergy?

If you suffer from a food allergy, it means that your body’s immune system mistakes proteins, or other substances in certain foods as harmful substances. The body releases chemicals in reaction to this, which can cause medical symptoms. Some allergic reactions are more minor, others can be very serious or even fatal. Different people’s bodies may react to allergenic ingredients in different ways.

Food Allergies Symptoms

Food allergy symptoms can vary from sufferer to sufferer. Some food allergy sufferers will experience minor injuries as a result, which can still be uncomfortable, painful or deeply unpleasant. Other individuals can experience food allergy symptoms that are so severe, the individual’s life could be put at risk.

Common symptoms of food allergies can include:

  • Angioedema: swelling around the eyes, lips, tongue and roof of the mouth.
  • Itchy red rashes such as “hives” or urticaria
  • Vomiting
  • An itching inside the mouth, ears or throat

As have already mentioned, an anaphylactic shock or anaphylaxis is the most serious form of food allergy reaction and can be fatal. Symptoms of an anaphylactic shock can include:

  • The throat swelling making breathing difficult
  • A tightening of the airways
  • A rapid pulse
  • Blood pressure dropping
  • Dizziness which can result in unconsciousness

An anaphylactic shock can be fatal. Another consequence can be that people who suffer from an anaphylactic shock can slip into a coma, which they may never wake up from. Remember, if you believe that someone is suffering from an anaphylactic shock, dial 999 immediately and request an ambulance. Tell the operator that you believe the victim is suffering from “anaphylaxis” or an “anaphylactic shock”.

Your Right To Be Informed About Allergens

The law states that retailers and owners of restaurants and other dining establishments must indicate which of the 14 common food allergies causing ingredients (listed earlier) are included in pre-packaged food, or a purchased meal. On pre-packaged food, the food allergen information has to be indicated on the packaging in bold, italic or coloured letters to make it stand out. At a restaurant, cafe or another venue that offers dining options, the allergenic ingredients have to be indicated in writing on the menu. This is to the benefit of people suffering from food allergies, and related illnesses such as coeliacs disease or food intolerances.

Many of our clients who have suffered an allergic reaction ask us “What are my rights after I had an allergic reaction after eating at a restaurant?” If you suffered an allergic reaction after eating food, or food with ingredients you were allergic to because of a misjudgement on your part, you will not be legally entitled to make a food allergy claim for compensation. However if the restaurant where you ate the food that caused the allergic reaction did not inform you in writing of the allergenic ingredients, then you could be entitled to make a food safety claim. Call Accident Claims UK, to be provided with an excellent food allergy claim solicitor, who will represent you in your food allergy claim for compensation.

Definitions Of Catering Establishments

Different catering establishments and methods of selling food, are defined according to the guidelines below.

Mass caterer/catering establishment:

This can include, restaurants, cafes, bars, pubs, static and mobile food stalls, canteens at workplaces, colleges or schools. In short, an establishment that serves prepared food for business purposes.

Prepacked food:

This is when food has been packed for sale, to a mass caterer or consumer. There is no communication between the producer and consumer. Examples of this will be wrapped confectionary or tinned foods.

Prepacked for direct sale:

These are foods that are packed on the premises where they are sold, such as takeaway sandwiches at a cafe. The customer can communicate with the producer about the ingredients in the product.

Non pre packed or loose foods

This definition would apply to foods that are sold loose, such as a takeaway pizza, or food from a salad bar at a supermarket.

Criminal Law And The Labelling Of Allergens

There are a number of food safety laws that are enforced in the United Kingdom, which are mostly from EU directives. These laws state that allergenic ingredients must be correctly labelled and food must be safe and of reasonable quality for human consumption. If a retailer or caterer fails to do so, and the customer who consumed the food becomes ill as a result, the customer may make a food safety claim against them and they may have to pay them personal injury compensation.

The Consumer Rights Act 2015 And Compensation Claims

The Consumer Rights Act of 2015 states that if a product is: not fit for purpose, not of satisfactory quality (for example damaged) and not as described, then you have a right to make a claim for a refund. This legislation also applies for services. If you ate a meal at a restaurant which unfortunately fits the above criteria, you have the right to claim a refund. If unfortunately you were made seriously ill as a result of the low quality food, for example, you experienced food poisoning then you could be entitled to make a food safety claim for compensation.

What Damages Can I Claim For After An Allergic Reaction At A Restaurant?

If you experience a serious allergic reaction to food served at you at a restaurant or other dining establishment, which was due to negligence on the part of the business, you could be entitled to make a food allergy claim for compensation. Depending on the severity of your injuries as a result, your claim could be worth a large amount of money in some cases. If you make a successful food safety claim, your personal injury compensation package will be awarded in two parts, general damages and special damages. We will look at what this means in more detail below.

General Damages

General damages will compensate you for the pain, suffering and loss of amenity that your allergic reaction to your food caused. This will usually be the large part of your food allergy claim payout.

Special Damages

Special damages are a reimbursement of any expenses you experienced as a result of your allergic reaction. This could include the cost of transportation to the hospital, or the cost of any medical treatment you needed. You can also claim compensation for any loss of income you experienced if you were unable to work because of your injuries.

If you have experienced an allergic reaction to food after eating at a restaurant because of negligence on the part of the restaurant, call Accident Claims UK today, to enquire about finding a food allergy solicitor.

Personal Injury Claims Calculator

If you believe you have the right to make a food allergy claim for compensation, use our personal injury claims calculator, to see how much you could claim. The calculator will estimate how much food allergy compensation compensation you could be entitled to. Your quoted price will not include special damages, so you could be owed even more money.

Form of injurySeverity of injuryNotesSettlement
Food poisoning (allergic reaction)MinorShort term food poisoning reaction which clears up after a few days or less.£704 - £3,004
Food poisoning (allergic reaction)ModerateModerate reactions which may last for up to a week.£3,004 - £7,254
Food poisoning (allergic reaction)SeriousSerious instances which could last for two weeks. May also require treatment in a hospital.£7,254 - £14,604
Food poisoning (allergic reaction)SevereImmediate effects may last for 10 days with some symptoms persisting for as long as a year.£29,204 - £39,904
Loss of (anticipated) earningsN/ACalculated from your current income.£10,000 - £400,000
Loss of (anticipated) benefitsN/ACalculated from your current income.£5,000 - £500,000
Pain & sufferingN/AHow much pain and suffering felt is calculated based on what you have felt.£1,000 - £200,000

Please note, this is automated information. For a more accurate estimation of how much compensation you can claim, call Accident Claims UK today for your free estimation and personal injury claims consultation.

No Win No Fee Restaurant Allergic Reaction Claims

If you have been injured in a restaurant because of an allergic reaction to the food that you were served, you could be entitled to claim compensation. At Accident Claims UK, we will give you the opportunity to make a no win no fee claim. What does this mean? No win no fee means that your solicitor will handle your claim and provide you with an excellent service, but they will only charge you a fee if you win your claim. In the unlikely event that you do not win your claim, you will not have to pay a fee, so there is no financial risk towards you. For many of our clients, making a no win no fee compensation claim is the less stressful way to claim and the more cost effective.

Call Accident Claims UK today for your free food allergy claims consultation and to enquire about using a no win no fee food allergy solicitor today.

Contact Us To Start You Allergic Reaction Claim

Many potential compensation claimants contact Accident Claims UK to ask us, “What are my rights if I had an allergic reaction after eating at a restaurant?”. If you experienced an allergic reaction after eating at a restaurant, because of negligence on the part of the restaurant, call us today for your free legal consultation. We will determine if you are entitled to make a food allergy claim and if you are, we will provide you with an excellent food allergy claims solicitor to handle your claim. We will also estimate how much money you could receive in your compensation package and will give you the option to make a no win no fee claim, so there’s no risk of you going out of pocket.

Call Accident Claims UK today and it could be the start of your food allergy personal injury claims process. We’re looking forward to hearing from you.

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