MG Legal, Nationwide Food Allergy Solicitors. The team that put you first. Contact us for a free, no-obligation consultation: 01772 783314 or email at: firstname.lastname@example.org
No Win No Fee Food Allergy Claims.
If you have a food allergy, or if you know somebody who suffers from a food allergy, you will be all too aware of the implications if a restaurant, shop, or supermarket fails to correctly label their food produce.
Here at MG Legal, our food allergy solicitors accept all of our food allergy claims and nut allergic reaction claims, on a NO WIN NO FEE basis, and have a success rate of over 99%.
Contact us here to speak to a specialist food allergy solicitor.
A guide to food allergy claims:
What is the law surrounding labelling and information requirements for allergies?
As of October 1st 2021, food businesses are now legally required to provide a full list of all ingredients and allergens on their pre-packaged food items.
Before this, there was no requirement for food items packaged onsite in a food establishment to carry a full list of ingredients, and it was up to the customer to ask a member of staff about allergen information.
This comes under a new legislation known as Natasha’s Law, which is explained in full below.
What is Natasha’s Law?
The new legislation amendment relating to the labelling of food products was introduced as a result of lobbying from a group led by the parents and family of teenager Natasha Ednan-Laperouse, who tragically passed away after she suffered an allergic reaction to an undeclared ingredient on a pre-packaged food item.
The new legislations requires all food businesses to provide full ingredient lists and allergen labelling on foods prepared and packaged on the same premise they are sold. This will stand for all pre-packaged food items, even those that have been made on the premises earlier the same working day.
Our food allergy solicitors hope that this amendment will mean stronger laws being enforced, and that it will offer more protection for those with food allergies. It will also give these people with serious food allergies more confidence, and more freedom to buy pre-packaged food without worrying about undeclared allergens and ingredients.
Nut allergic reaction claims:
One of the most dangerous and most well known food allergies are nut allergies, which can be life-threatening in the most severe cases. While many food allergies simply cause digestive discomfort, nut allergies can cause facial swelling, and potentially deadly shortness of breath. Despite nut allergies, and the associated risks, being pretty well known, this does not mean that all food establishments take the necessary safety precautions, or that food is not sold with undeclared nut ingredients in it.
Since the introduction of the Food Information for Consumers Regulations in 2014, it has been a legal requirement for all food and drink items sold in the UK to clearly state the presence of any nuts, including walnuts, peanuts, almonds, pecans, pistachios, macadamia nuts, and Brazil nuts. This information must be clearly available for all food, on the packaging of pre-packages foods, and on the menu of restaurants and dine-in establishments.
The Food Information for Consumers Regulations covers all food establishments, including cafes selling packaged food made on-site, food carts, school canteens, and workplace kitchens. If you have suffered from an allergic reaction due to undeclared nuts in a food or drink item, then you might be eligible to make a no win no fee nut allergic reaction claims with our nut allergy claims solicitors. Our team of solicitors have over 30 years of experience in nut allergic reaction claims, and have a success rate of over 99% in all of the claims that we take on.
To speak to a solicitor about potential nut allergic reaction claims, on a free no obligation basis, then simply contact our nut allergy claims solicitors online here, and speak to a solicitor within one working hour.
What are food allergy claims?
Anybody who suffers from a food allergy, no matter how severe the allergy is, knows how nervous and distressing it can be to eat out, or to buy pre-packaged food from an establishment. It is thought that 44% of the adult population has at least one allergy, making them far from rare. However, for some, their allergies can make eating out distressing, despite the fact that establishments have a legal requirement to declare any allergens in their food and dishes.
This strict legislation is in place to protect those who suffer from food allergies, but it does not eliminate the high cases of food allergic reactions, and food allergy claims that our solicitors see.
No matter what type of allergy you have, if you have suffered from an allergic reaction due to undeclared allergens or ingredients in a food product, regardless of the type of establishment you purchased the food from, you could be eligible to make a no win no fee food allergy claim with our specialist solicitors today.
If you have lost a loved one due to a food allergy, and the reaction was caused by the negligence of somebody else, then you could also be eligible to claim food allergy compensation on their behalf. To speak to our team of friendly, reliable food allergy solicitors, simply contact us online here. We offer a free no obligation consultation to all potential clients about their food allergy claim, within one working hour.
Do all eating establishments need to comply with the regulations?
Yes. Put simply, even small back street establishments such as fast -food takeaways, must comply with the regulations. More often than not, there will simply be signs which direct the customer to ask a member of staff if they need further guidance on allergens, and there is a growing requirement for all shop staff, restaurant employees, and those who work in fast-food takeaways to have the requisite training to advise consumers of the potential risk of injury, due to any food allergens.
To keep anyone suffering from food allergies safe from personal injury, it is imperative that all members of staff have full training, as well as an understanding of allergenic ingredients which have been used in the food and the consequences these can have for allergy sufferers.
Natasha’s Law and food allergy claims:
Obviously, the main aim of the newly introduced Natasha’s Law is to help those living with food allergies to buy pre-packaged food safely in food establishments, without worrying that there are undeclared ingredients or allergens in the product. It is also hoped to reduce the amount of people each year who suffer from allergic reactions to food products that they bought under the impression that they would be safe to eat.
However, our food allergy solicitor have also noted the impact that this new legislations, Natasha’s Law, could have on food allergy claims and settlements for our food allergy clients.
With the new focus on the legal obligation of food businesses to provide all of the relevant information of their ingredients on all types of pre-packaged foods, it will be easier, and potentially a much quicker process, for our specialist food allergy solicitors to obtain an admission of liability from the food establishments involved, who we are making food allergy claims against on behalf of our injured clients.
Our specialist food allergy solicitors are well accustomed with the entirety new legislation, its background, and how it can be effectively used in food allergy claims going forward.
To learn more about how our solicitors can help with your food allergy claim, do not hesitate to get in touch with our specialist food allergy solicitors online, here, for a free, no-obligation consultation with a solicitor.
What type of allergens are covered by the regulations?
The Food Standards Agency set out a list of 14 different foods that are required to be correctly labelled and highlighted as being allergens. This list is made up of:
Crustaceans (such as prawns, crabs or lobsters)
Lupin (a legume, which belongs to the same family of plants as peanuts)
Molluscs (such as mussels or oysters)
Tree nuts (such as almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios or macadamia nuts)
Sulphur dioxide and sulphites (if the levels are above a certain amount)
You can find out more information about these allergens on the Food Standards Agency’s website, here.
A food allergy claim case study with MG Legal:
Our specialist food allergy solicitors recently settled a successful food allergy claim on behalf of a client who suffered an allergic reaction from a sandwich in a cafe. Our client, Mr B, attended a supermarket cafe and purchased a sandwich from their selection. After checking the ingredients, he felt happy that it did not contain onion, which he was allergic to.
However, after eating the sandwich, Mr B, began to show symptoms of an allergic reaction, including a swollen tongue, lightheadedness and chest pain, and realised that there was in fact unlisted onion in the sandwich.
He attended the hospital after the incident for treatment, where a blood test and ECG were performed on him, and tablets were provided to control the allergic reaction.
After seeing treatment for the allergic reaction, Mr B reached out to MG Legal’s specialist food allergy solicitors, and we accepted his claim on a NO WIN NO FEE basis, getting to work on building his claim to be as strong as possible.
As part of this, Mr B’s designated food allergy solicitor gathered all of the legal and medical evidence available, including the events surrounding the incident, and the discussion of it in Mr B’s medical records. We also sought expert legal opinion regarding previous legal cases of a similar nature, in order to both estimate the value of the food allergy claim, and to establish if there were any more steps that could be taken in order to build Mr B’s food allergy claim to be as strong as possible.
After combining this legal evidence with a full medical report from a medical specialist, a service we offer to all of our personal injury clients where relevant, MG Legal were able to pursue our client’s food allergy claim to the defendant, in this case, the supermarket involved.
Because of the quality of our food allergy solicitors’ work, and the strength of the food allergy claim, the defendant quickly admitted liability for Mr B’s injuries. After they had admitted liability, it was up to Mr B’s designated solicitor to obtain his financial compensation, ensuring that it was the maximum amount possible for the food allergy claim. This allowed our client to remain stress-free throughout the process, knowing that everything was being taken care of by his expert solicitor at MG Legal regarding his food allergy claim.
What if I have suffered an allergy from packaged food?
If the food that is being sold is pre-packaged, there are rules about how the ingredients should be labelled, as well as the language and font to be used, so the labels are clear and not misleading to consumers. The overall goal of Natasha's Law is to minimise the number of personal injuries suffered, as a result of the failure to label ingredients.
If you are unsure whether you are eligible to make a food allergy claim for your injuries using Natasha's Law, simply get in touch with our specialist food allergy solicitors online here, and speak to a solicitor within one working hour.
Miscommunication errors can be fatal in food allergy claims:
Fortunately, not all food allergies lead to death. However, in one sad case a Manchester University Student, who was only aged 18, had visited Almost Famous in Manchester, where they explained their allergies to a staff member. They accordingly chose something they believed to be safe for them to eat. Tragically, the student later died following an allergic reaction to the food.
Following an inquest, it was ruled that the student had done everything they could to avoid triggering their allergies, as well as ensuring they had covered themselves in case their allergies were triggered, by carrying an Epi-Pen and inhaler. The restaurant, however, was found to have mis-communicated on several occasions, with the student’s order, and special requirements, going missing in the restaurant’ kitchen, which led to the student’s food being marinated in buttermilk, and the student’s allergies being triggered. In this instance negligence is clear to be seen, as are the horrendous effects that restaurants not listening to customers’ food requirements can have on our families.
The consequences of a restaurant not paying attention to a customer’s food allergies are again illustrated quite clearly in the following case. An Indian restaurant owner with a “cavalier attitude” was imprisoned for six years for the manslaughter of a customer with a peanut allergy, after he supplied him with a curry containing peanuts.
Mr Wilson, was meticulous about his condition and asked for no nuts when staff at the Indian Garden, Easingwold, North Yorkshire, cooked his chicken tikka masala takeaway in January 2014.
When the restaurant failed to provide a nut-free curry, causing Mr Wilson to die as a result, police and trading standards launched an investigation following Wilson’s death. Groundnut powder was found in the kitchen of the Indian Garden and had contaminated other ingredients. A test purchaser went to the Indian Garden the day after Wilson’s death and was assured by a staff member that they could buy a nut-free curry.
How do I deal with food allergies if I am eating out?
If you are eating out, in a restaurant or café, make it clear to staff that you suffer from food allergies from the off-set. You should ask questions of staff members, such as if they have received training about dealing with food allergies. You can also ask about how the establishment deals with issues such as cross-contamination, or ask to speak to the chef or manager about the options available to you as an allergy sufferer.
In order to minimise the risk of personal injury from a food -based allergy, you should ask to read the allergen information yourself, and not simply rely on a member of staff to relay this information to you.
MG Legal’s solicitors that deal with food allergy claims, often deal with cases where our clients have done everything they can to make the establishment aware of their allergies, but are unfortunate enough to suffer an allergic reaction due to a food allergy, resulting from the negligence of the restaurant or other eating establishment. If this happens, and you, or one of your friends of family suffers an allergic reaction to the food in a restaurant, contact MG Legal’s team of expert personal injury solicitors, as soon as you are able. Our solicitors specialising in food allergy personal injury claims accept food allergy claims, on a NO WIN NO FEE basis, with no financial risk to you, our client.
What are the most Common Symptoms of a Food Allergy?
Whilst every one of us is different, and may suffer a different reaction as a result of a food allergy, the symptoms of a food allergy almost always develop a few seconds or minutes after eating the food.
Some people may develop a severe allergic reaction (anaphylaxis), which can be life threatening.
The most common type of allergic reaction to food is known as an IgE-mediated food allergy.
tingling or itching in the mouth
a raised, itchy red rash (hives) – in some cases, the skin can turn red and itchy, but without a raised rash
swelling of the face, mouth (angioedema), throat or other areas of the body
wheezing or shortness of breath
feeling dizzy and lightheaded
feeling sick (nausea) or vomiting
stomach cramps, abdominal pain or diarrhoea
hay fever-like symptoms, such as sneezing or itchy eyes (allergic conjunctivitis)
No Win No Fee Gluten Intolerance Claims:
Someone who has a gluten intolerance suffers from an allergic reaction when they come into contact with gluten that is present in wheat, rye, and barley. These ingredients are found in a huge number of products, including bread products, and pasta, and much more. With gluten being so common in popular food groups, those who suffer from an allergy to gluten must ensure that they do not consume products containing gluten, and stick to a purely gluten-free diet.
It is thought that a gluten intolerance to some degree could potentially affect up to 13% of the population, but for most people this can be easily controlled through diet changes, and it does not impact their life or put them at a medical risk in any way. However, those with serious gluten allergies, and suffering from Coeliac disease, can become extremely ill if they eat a food product containing even traces of gluten, and can even suffer from anaphylaxis And potentially fatal gluten reactions.
While most people suffering from gluten allergies manage to stick to a gluten-free diet, this can become difficult when eating out, picking up food from a cafe, or eating food prepared in certain kitchens. If you have suffered from a gluten allergic reaction from a food product that was labelled as gluten-free, or had undeclared gluten in it, you could be eligible to make a no win no fee food allergy compensation claim with our specialist food allergy solicitors.
Here at MG Legal, our food allergy solicitors regularly work with clients to make no win no fee food allergy claims against restaurants, shops, and cafes, who have served food products with undeclared gluten. If you suffer from a gluten intolerance, and undeclared gluten has caused you harm in any way, do not hesitate to contact our no win no fee gluten allergy solicitor online here, to speak to a solicitor within one working hour about making a no win no fee gluten allergy claim.
Can I claim for compensation if I have suffered anaphylaxis?
The terms anaphylaxis and anaphylactic shock are often used to mean the same thing. They both refer to a severe allergic reaction. Shock is when your blood pressure drops so low that your cells (and organs) don't get enough oxygen. Anaphylactic shock is very serious injury and classed as a medical emergency. Without quick treatment, anaphylactic shock it can be life threatening. MG Legal’s solicitors specialising in claiming compensation for victims of anaphylactic shock, accept all food allergy claims for compensation on a NO WIN NO FEE basis, and are here to help if you need any advice or assistance about making a NO WIN NO FEE food allergy compensation claim.
How much can I claim for food allergy negligence?
This is a question that our personal injury solicitors are asked every time we accept a new NO WIN NO FEE claim for food allergy compensation. Every case is different, and the final amount of compensation you are awarded will be based on the severity of the injury and the affect the injury has had on your life. For example, in cases of minor injuries, such as where a client suffers an allergic reaction, but recover with the use of an EpiPen, then the claim not be valued the same as an injured client who has had to stay in hospital or suffered lost earnings as a result of their allergic reaction to food. If you are injured as a result of an allergy to food, and require long-term care, rehabilitation and any necessary house adaptations to maximise the chance of recovery and independent living, MG Legal’s solicitors specialising in NO WIN NO FEE food allergy compensation claims will ensure that when your claim for compensation is successful, that we will recover all of your out of pocket expenses, and ensure that any future losses you may suffer, such as medical expenses, long-term care, or lost earnings, are claimed for.
Whilst every single claim for personal injury compensation is different to the one before it, our personal injury specialists will always make you one promise- that if your claim is successful, we will ensure that you receive the maximum compensation possible, and we will not advise you to settle, until we are happy with the compensation you are being offered.
Why choose MG Legal for my claim for my food allergy compensation claim?
MG Legal will only instruct the services of the best medical practitioners, whatever their field of expertise. At MG Legal, your claim for food allergy compensation is as important to us, as it is to you, and we want to get you the most compensation possible.
Our solicitors accept all medical negligence compensation claims on a NO WIN NO FEE basis, and have a success rate in excess of 99% for all personal injury and claims for medical negligence, that we accept. Our solicitors specialising in medical negligence claims demonstrate our own confidence in our ability by offering the NO WIN NO FEE agreement to all clients, as if we do not win, we do not get paid for our work; so, you can rest assured that we will do all that is within our power to settle your claim successfully.
How do I claim compensation if I have suffered a food allergy?
If the establishment that sold the food has failed to advise of the ingredients, and you have suffered an allergic reaction, then you may have a claim for NO WIN NO FEE personal injury compensation. At MG Legal, we have a team of solicitors that specialise in NO WIN NO FEE food allergy compensation claims, and we are here to help, as soon as you make contact with us.
As with all personal injury claims, the onus is on the Claimant to prove that they were injured, in this instance, that they suffered a reaction as a result of the food they were eating. Evidence is therefore key, and one of the first things our solicitors specialising in food allergy compensation claims will ask you is, did you keep hold of the receipt for your meal, or do you have any proof that the food supplied by the particular restaurant, takeaway or shop, caused you to have an allergic reaction. If someone else has purchased the meal on your behalf, such as a family member, ask them to provide you with the receipt. In order to evidence your claim for personal injury, you, or a friend or family member, should advise the establishment that sold you the food, of your reaction, so that the incident is recorded in their accident book.
If you want to make a claim for personal injury compensation arising out of a food allergy, contact our expert team of injury compensation solicitors at your local office to find out how we can help. You must be told about potential allergenic ingredients in food that is being sold to you. If you have made sure that the establishment is aware of your allergies, but the food that has been served to you contained an allergen or was contaminated, then – on the surface – something has gone wrong, and you could be entitled to claim compensation for injuries that you suffer as a result.
Compensation amounts for injuries caused by food allergies:
The compensatory awards given below, relate to the damages those who have suffered an injury due to a successful food allergy compensation claim, would receive for their injuries. Any damages for lost earnings, or medical treatment, would be added to the sum for personal injury compensation (See a full overview of the damages included here) :
Varying degrees of disabling pain, and cramps, continuing for some days or weeks- the bracket for food allergy compensation is up to £3,710, for the injury alone.
Severe toxicosis causing serious, acute pain, requiring hospital admission for days or weeks, and some continuing incontinence haemorrhoids and irritable bowel syndrome, having a significant impact on your home life, and work. The bracket for food allergy compensation is up to £49,000, for the injury alone
Serious and permanent damage to or loss of both kidneys: with the 10% uplift, damages for this injury resulting from a food allergy claim would be between 158,970 and £197, 480.
Fatal allergic reaction claims:
Should death unfortunately follow an allergic reaction to food the compensation settlement would be expected to be quite substantial. However as all fatal accident claims are unique to each individual it is impossible to provide an accurate figure without knowing all of the details. To speak to a solicitor about your potential food allergy claim, contact us online here.