By Joanne Jeffries. Last Updated 26th October 2021. Welcome to our guide on nut allergic reaction claims. People who suffer from a nut allergy take every precaution possible to avoid eating nuts or food products that contain nuts. Retailers, food manufacturers and establishments serving food also have a legal duty of care towards their customers who suffer from food allergies. This means they must highlight allergenic ingredients on food packaging or indicate allergenic ingredients on a menu item in writing. To fail to do so is considered negligence. If you have suffered from an allergic reaction to nuts after eating in a restaurant, or a food product, which was not correctly labelled, then you could be entitled to claim compensation from the eaterie or food supplier that was responsible for this negligence.
Talk to Accident Claims UK today about making a nut allergy injury compensation claim. We are a trusted personal injury law firm that provide excellent accident claims solicitors across the country to claimants looking to claim compensation for a nut allergy. If you have experienced an allergic reaction to nuts that was not your fault, then you could make a nut allergy compensation claim. How much you can claim and the value of your injuries will depend on how severe your allergic reaction was.
Call Accident Claims UK today to learn more about nut allergic reaction claims. Call us today for your free nut allergy claims consultation, and if you have legitimate grounds to claim, we will estimate how much your claim could be worth and will provide you with an excellent food allergy claims solicitor to handle your claim.
You could be owed compensation, so call us today on 0800 073 8801 to see what your nut allergy compensation claim is worth and begin your personal injury claims process. We’re looking forward to hearing from you.
Select A Section
- A Guide On How To Make Your Nut Allergy Claim
- What Is A Nut Allergy?
- Nut Reaction Symptoms To Watch Out For
- How Dangerous Can A Nut Allergy Be?
- How Long Do I Have To Make A Nut Allergy Claim?
- I Had An Allergic Reaction To Nuts, What Should I Do?
- How To Get Treatment If You Are Allergic To Nuts
- Nut Allergies And UK Law
- I Did Not Have My Allergy Medicine With Me, Can I Still Claim?
- Proving Who Was Responsible For Your Nut Allergy Claim
- Do I Have A Nut Allergy Claim?
- How To Start Your Nut Allergy Claim
- What Can Your Nut Allergy Claim Include In Damages?
- Nut Allergy Injury Claims Calculator – Updated October 2021
- No Win No Fee Claims For Nut Allergy Reactions
- How Accident Claims UK Can Help Victims Of Nut Allergies Make Nut Allergic Reaction Claims
- Additional Resources Relating To Not Allergic Reaction Claims
Welcome to our guide.
Nut allergies affect many adults and children living in the United Kingdom or elsewhere. If you suffer from a nut allergy, then you obviously take a lot of responsibility for your condition, making sure that you avoid nuts or food containing nuts at all costs. Food producers, retailers and restaurant owners are, of course, not responsible for your nut allergy; however, they are responsible for taking proper steps to inform you of allergenic ingredients used in their products or menu items, including nuts. If they fail to do so and a customer who is allergic to nuts becomes ill as a result, this is considered negligence, and the customer may have the right to make a nut allergy compensation claim.
In this guide to making a compensation claim for an allergic reaction to nuts, we will look at what this involves in great detail. First of all, we will look at a food allergy definition of a nut allergy and severe nut allergy, look at nut reaction symptoms and will explain the process of claiming allergic reaction compensation. We will also look in detail at how much compensation you could be owed, what damages you could claim for, and explain the benefits of making a no win no fee nut allergy claim.
If you have suffered an allergic reaction to nuts after eating a food product or menu item that contained nuts that you were not correctly informed about, call Accident Claims UK today about suing a restaurant for allergy in the UK. We can provide you with an excellent personal injury solicitor to handle your claim and win you the allergy compensation that you are entitled to.
To learn more about nut allergic reaction claims, get in touch or continue reading.
If there were no details of allergens listed on the restaurant menu, on pre-packaged foods or you were not informed that your meal could not be prepared without nuts, you could claim for an allergic reaction. You must be able to prove that the food you were allergic to came from the liable party’s premises to file a successful nut allergy compensation claim.
A food allergy is a medical condition when a person’s immune system mistakes a normally harmless food as harmful. As a result, the immune system releases chemicals that can have a range of symptoms. Two people who suffer from the same food allergy may experience different symptoms. Nut allergies are a common form of food allergy, and a severe nut allergy can be life-threatening.
Before we look at nut allergic reaction claims, we’ll look at some common symptoms of this allergy.
Some nut allergy symptoms are unpleasant and even painful, whilst other nut allergy symptoms can be life-threatening.
Some initial nut reaction symptoms can include: a tingling sensation of the lips, tongue and throat, swelling or a dizzy or lightheaded feeling. If you or someone you know who suffers from a nut allergy begins to suffer these symptoms, it may indicate that they have eaten food containing nuts.
Symptoms of a nut reaction include:
- An itchy rash
- Acute pain in the abdomen
- Swelling of the face, throat, or skin known as angioedema. If the throat swells, it can feel like its closing up, making it difficult to breathe
- The worsening of eczema
- Anaphylactic shock, which can prove fatal if it goes untreated.
Most nut allergy symptoms appear within the first ten minutes of eating nuts. More severe symptoms may take hours to become apparent.
For many people wanting to make nut allergic reaction claims, their allergy is extremely serious, making claiming all the more important to them.
If someone suffers from a severe nut allergy, they may experience an anaphylactic shock, which can be fatal. Unfortunately, there have been cases where people have died after eating nuts. This can happen if the victim suffers anaphylaxis, also known as an anaphylactic shock. An anaphylactic shock is a severe drop in blood pressure that can lead to the sufferer collapsing. If it goes untreated, it can result in them slipping into a coma that they may never wake up from or dying. The first symptoms of suffering an anaphylactic shock can be difficulty breathing, lightheadedness or dizziness, which can serve as an early warning sign.
If you believe that someone is suffering from an anaphylactic shock caused by an allergic reaction to nuts, or another substance that they could be allergic to, you must act immediately. Dial 999, ask the operator for an ambulance and explain that you believe the person is suffering from an anaphylactic shock or anaphylaxis.
This NHS guide to food allergies has more information about nut allergies. If you’d like to know more about the process of making such claims, then please read on.
In the UK, there is a personal injury claims time limit of three years. This means that if you are injured or made ill because of an accident that was not your fault, you will have three years in which to make your claim. This includes nut allergic reaction claims. Your personal injury claims time limit will begin from the time that you were injured or realised that you had been injured. If you believe you are entitled to claim nut allergy compensation for injuries you experienced because of negligence on the part of a food provider, call Accident Claims UK today to see if you are entitled to claim compensation.
Of course, if you have a severe allergic reaction to nuts, including an anaphylactic shock, your number one priority should be getting the appropriate medical treatment. Everything else can wait. If you suspect you or someone else is experiencing an anaphylactic shock, make sure that you call an ambulance immediately by dialling 999, telling the operator that you or your friend may be suffering from anaphylaxis.
If you experience more mild allergic reaction symptoms or have sought and been treated for the nut allergy symptoms of your severe nut allergy, there are things that you can do to collect evidence to support your nut allergy claim in the future. We have suggested how to collect evidence for your nut allergic reaction claims below:
- Once you are well, write a list of everything you can remember eating in the last 48 hours.
If you have eaten out at a restaurant or cafe in the last 48 hours, keep the receipt to serve as evidence of your dining there.
- Report your accident to the restaurant or cafe where you ate and let them know it was caused by them failing to inform the allergenic ingredients in their food.
- If your food was bought from a retailer, keep all the packaging and receipts to serve as evidence.
- Keep the receipts for any expenses you had as a result of your allergic reaction to nuts, including medical expenses or travel expenses. These may serve as evidence, and you could be entitled to claim back these expenses as part of your nut allergy compensation settlement.
If you believe you are allergic to nuts, it is of prime importance that you book an appointment to go and see a doctor. If it seems that you might be allergic to nuts, your doctor may be able to send you to an allergy clinic, where you will experience allergy testing, to see if you have a food allergy, including a nut allergy. If you are diagnosed as suffering a nut allergy, you will have to follow a nut-free diet. You will also be expected to carry prescribed adrenaline and additional medications with you in case you accidentally eat something containing nuts and have an allergic reaction.
To find out more about the law surrounding these claims, continue reading to the next section.
The law states that food producers and sellers have a responsibility to inform the public of allergenic ingredients in the food they sell. On prepacked foods, there are 14 allergenic ingredients, including nuts, which businesses must not only label but also highlight (either by making the text bold, italic or coloured) if the item may contain traces of the allergenic ingredient (for example, if it is prepared or packed in a factory where products containing nuts are also made). Under the same set of rules, it also states that restaurants and other dining establishments have to indicate if a menu item contains allergenic ingredients such as nuts on the menu or elsewhere in writing. To fail to do so is considered negligence.
If a customer eats a food product or menu item that was not labelled as containing an allergenic ingredient, the food producer or seller could be held liable for any injuries caused to customers suffering from allergies and have to pay them compensation. If you have suffered an allergic reaction to nuts because of food that was improperly labelled, talk to Accident Claims UK about suing a restaurant, shop or producer as part of nut allergic reaction claims.
If you suffer from an allergy to nuts, you are probably expected to carry adrenaline and other medications with you in case you accidentally consume food containing nuts. This is especially true of people who suffer from a severe nut allergy. If you experienced an allergic reaction to nuts because you were misinformed by a shop, food manufacturer or restaurant but did not have your medication with you, which worsened the nut allergy symptoms that you suffered from, then the Defendant (a business you are claiming compensation from) may not be judged to be fully liable for your injuries. If you are judged to be partially responsible for your injuries, you may receive less nut allergy compensation as a result.
Nut allergy facts and statistics
Allergy UK provides information on living with allergies of various kinds and has a lot of resources related to nut allergies whether you’re interested in making nut allergic reaction claims or not.
- It’s estimated that half of the EU population will be affected by chronic allergic diseases; however, this includes allergies other than nuts. The UK has one of the highest prevalences of allergic conditions in the world.
- Almost half (44%) of adults in Britain suffer from at least one kind of allergy. Almost half of sufferers are allergic to more than one thing.
- In the 20 years up to 2012, UK hospitals saw a 615% rise in the number of admissions for anaphylaxis.
- Peanut allergies affect around 1 in 50 children in the UK. 1 in 5 children allergic to peanuts will grow out of the allergy by the age of 5.
- Tree nut allergies and peanut allergies are not the same- you can be allergic to peanuts without being allergic to tree nuts, and vice versa. However, people with an existing peanut allergy are 30-40% more likely to develop a tree nut allergy.
- Infants who suffer from eczema or egg allergies are more likely to develop other food allergies, including tree nut and peanut.
- Up to 25% of people with a peanut allergy may also suffer from an allergy to sesame.
Of course, to make a successful nut allergic reaction claims, your food allergy solicitor will need to be able to provide evidence of your claim. Evidence to prove that the restaurant, food manufacturer or shop was negligent and the cause of your personal injury accident will have to be provided for you to be awarded nut allergy compensation.
The following may be used as evidence to support your personal injury claim:
- Samples of the food that you consumed
- The food packaging
- The establishment’s menu
- A copy of the catering contract, if you hired a caterer for an event
- Eyewitness accounts. For example, if you enquired about whether or not a meal contained nuts and a waiter told you that it didn’t, when it did, a member of your party or another customer who overheard the conversation may confirm this.
- If you suffered an anaphylactic shock, it is likely that blood samples will have been taken to the hospital to see if traces of nuts could be found. These can provide medical evidence.
As we have already stated, under the law, shops, food manufacturers, and dining establishments such as restaurants or cafes have a duty of care towards their customers, which includes correctly informing you of allergenic ingredients, including nuts. If you have a nut allergy and ate food you bought in the shop, which was prepacked elsewhere or packed on-site, which contained nuts but was not correctly described on the food label, you could be entitled to make a personal injury claim for nut allergy compensation. Similarly, if you have a nut allergy and ate a meal at a restaurant, pub, cafe or other dining establishment wish contained nuts, but this was not indicated as such in the restaurant or on the menu, then you could be entitled to claim compensation.
If you believe that you have the right to claim nut allergy compensation, call Accident Claims UK today for your free consultation. Our team of allergic reaction solicitors are well-versed in this type of law and can guide you through the claims process, ensuring you’re up to date every step of the way. And they’ll strive to ensure you receive the compensation that you deserve.
If you’re wondering what can be included in nut allergic reaction claims, then this section will be of help to you. If you successfully claim compensation for a nut allergy reaction, your compensation will be awarded as general damages and special damages. The largest part of your claim will be general damages. Your general damages compensate you for the pain, suffering and loss of amenity that you can experience as a result of your nut reaction symptoms. You will also receive special damages, which will reimburse you for any out of pocket expenses you had because of your injuries, such as the cost of taking a taxi to a hospital or medical treatment. Your special damages will also compensate you for loss of income if you were unable to work while you were ill.
If you have experienced an allergic reaction to nuts due to negligence on the part of another party, you could be entitled to claim nut allergy compensation. Use our personal injury claims calculator to estimate how much you could claim in general damages.
|Form of injury
|Severity of injury
|Loss of any earnings
|Calculation is based on the victims current and past income.
|£10,000 – £400,000
|Food poisoning (nut allergy reaction)
|Short term food poisoning or allergic reaction to nuts, which then clears up in just a few days or less.
|£860 to £3,710
|Food poisoning (nut allergy reaction)
|Moderate reactions to exposure to nuts. May last for up to a week.
|£3,710 to £8,950
|Food poisoning (nut allergy reaction)
|Serious instances of an allergic reaction or food poisoning which could last for two weeks. Claimant may have required hospital treatment.
|£8,950 to £18,020
|Food poisoning (nut allergy reaction)
|The immediate effects may last for around 10 days. Some of the symptoms may persist for as long as a year after exposure.
|£36,060 to £49,270
|Fear of impending death.
|Psychiatric Damage Generally
|Marked improvement with good prognosis.
|£5,500 to £17,900
|Psychiatric Damage Generally
|Significant problems with more optimistic prognosis.
|£17,900 to £51,460
|Psychiatric Damage Generally
|Poor prognosis and disabling trauma
|£51,460 to £108,620
Alternatively, call us today to speak to a consultant about your claim, who will be able to accurately estimate how much your claim could be worth based on your personal circumstances.
Nut Allergic Reaction Claims FAQs
How common are nut allergies?
According to AllergyUK, peanut allergies alone affect 1 in 50 children in the UK, with 1 in 5 outgrowing them by age 5.
Are nut allergies dangerous?
Yes, nut allergies can even be fatal in serious cases. This can happen if the victim suffers anaphylaxis, also known as an anaphylactic shock. An anaphylactic shock is a severe drop in blood pressure that can lead to the sufferer collapsing. If it goes untreated, it can result in them slipping into a coma that they may never wake up from or dying. The first symptoms of suffering an anaphylactic shock can be difficulty breathing, lightheadedness or dizziness, which can serve as an early warning sign.
What damages could I claim?
- General damages: these will cover physical injuries and psychological harm
- Special damages: these will cover financial losses such as loss of earnings
Do I have grounds to claim?
Providing you suffered as a result of third-party negligence, you could be entitled to claim compensation.
How much could I claim?
By learning more about your case, we could give you an estimate of how much compensation you might be entitled to. Please get in touch today for a free consultation.
How are claims valued?
The amount of suffering you experience as a result of your accident will determine the amount of compensation you’ll likely receive.
Do I need a solicitor?
By law, a solicitor is not required in order to make a claim but having one handle your case can increase its chances of success.
How can I contact Accident Claims?
Please continue reading to learn how to get in touch.
What treatments are available for nut allergies?
While most medical professionals would advise nut allergy sufferers to avoid their allergen triggers, there are some researchers investigating other treatments for nut allergies. One of these is oral immunotherapy. This is often referred to as desensitisation. It involves providing children who are at risk of a peanut allergy or already have one, with increasing doses of peanut over a period of time. While this does not represent a cure for a peanut allergy, it is designed to minimise the risk of them suffering a severe reaction, such as anaphylaxis. More common in the US than in the UK, it is something that should only be undertaken under medical supervision.
Preparing for a nut allergy reaction
If you or someone you know suffers from peanut allergies, it is likely that a medical professional would have given advice on avoiding a reaction. However, this is not always possible. Therefore, especially for those with severe peanut allergies, it is vital that they are aware of what to do should they suffer a reaction. Some people are prescribed an epinephrine autoinjector – or epi pen. This injects you quickly with a dose of medicine if you start to suffer with your allergies. You should be shown how to use the pen and it may be wise to ensure your friends and family members are aware of how to use it too. That way, if you are unable to give yourself a dose of medicine, they could take over and give the injection to you so that you could get treatment.
Is It Best For Me To Make Nut Allergic Reaction Claims On Behalf Of My Child?
If your child has had a nut allergic reaction that was someone else’s fault, they wouldn’t be able to make their own claim while they’re still a minor. The law does not deem children to have the legal capacity to make claims for themselves. However, you could make their claim for them as a litigation friend. When acting on behalf of a child, you would be expected to make decisions in their best interests. The compensation settlement they receive for their reaction would go into a trust. However, if your child had medical needs and there was a cost attached to this, for example, you could apply to the courts for some money to be released. If you’d prefer not to make a claim for a child, they could make their own claim when they have turned 18. Whether it would be best to claim now for your child or wait could be a tricky decision. If you’d like to talk this over with our team, we’d be happy to help.
Do I need a local solicitor to help with nut allergic reaction claims?
We have already mentioned that you don’t legally need a solicitor but it could be beneficial for your claim to have one. When it comes to where your solicitor is based, this doesn’t matter. As long as you choose a solicitor registered in England and Wales that is authorised and regulated by the Solicitors Regulation Authority, they could be based anywhere in the country.
If you have suffered a nut allergy reaction that was not your fault, Accident Claims UK will offer you the option to make a no win no fee claim. No win no fee means that you will only have to pay your fees if you win your claim, so there is no financial risk involves. In the unlikely event that you do not win your claim, you will not have to pay. Call Accident Claims UK today to find out more about making a no win no fee claim for allergy reaction compensation.
If you have suffered an allergic reaction to nuts because of negligence on the part of someone else, you could be entitled to claim nut allergy compensation. Call Accident Claims UK today to see if you are entitled to claim compensation or find out more about making such claims
Restaurant Accident Compensation Claims Guide – Find Out How To Claim
Accidents At Work Claims Guide – How Much Compensation Can I Claim?
How To Claim Compensation For An Accident In A Shop – How much could you claim?
Allergies and intolerances- the Food Standards Agency guide to allergen information
Anaphylaxis, an NHS guide- NHS guidance on anaphylaxis
Allergies- NHS– NHS guide to allergies in general
Thank you for reading our guide on nut allergic reaction claims. If you’ve had an allergic reaction as a result of someone’s negligence and are looking for free legal advice from a friendly solicitor, we could provide you with specialist solicitors with up to 30 years experience to explain the legal requirements for making a claim.