Can you claim compensation for an allergic reaction?
Posted on 2nd October 2019
There are a number of allergies that should be considered by food providers in ensuring their products are safe for the consumer’s consumption. Allergies can range from dairy allergies, gluten allergies and nut allergies, as examples, however, the consequences, where not considered appropriately, can result in the same dangerous results. Dining out should be a pleasant experience, but for those with food allergies, it can sometimes lead to serious health issues. If you have suffered an allergic reaction after eating at a restaurant in England or Wales, you may be entitled to claim compensation. Understanding your rights and the legal processes involved can help you seek the justice you deserve.
Where an individual consumes a product which they are allergic to, the immune system automatically begins to attack the food protein that has been ingested. This process then releases chemicals which cause the body to have an allergic reaction. Dependent on the sensitivity of an individual’s allergy, the severity of the reaction can vary. Mild symptoms can cause itchiness and rashes, whereas more severe allergies can lead to shortness of breath and even a state of anaphylactic shock.
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Understanding Liability
Restaurants have a legal duty to ensure the safety of their customers. This includes providing accurate information about ingredients and allergens in their food. The Food Information Regulations 2014 require all food businesses to inform customers about the presence of 14 major allergens in their dishes. These include:
Celery
Cereals containing gluten
Crustaceans
Eggs
Fish
Lupin
Milk
Molluscs
Mustard
Nuts
Peanuts
Sesame seeds
Soya
Sulphur dioxide (sulphites)
If a restaurant fails to provide this information or incorrectly advises you, and you suffer an allergic reaction as a result, the restaurant may be liable for your injuries.
It is important to ensure that consumables, inclusive of those on menus, are labelled appropriately with the relevant information about what the same contains, and whether the product may be potentially harmful, causing personal injury to the consumer. Such methods should be in place to prevent incidents involving allergic reactions and personal injury occurring. Where incidents do, however, occur, the results can be unimaginable and are matters our solicitors in Preston come across all too often.
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Steps to Take After an Allergic Reaction
If you experience an allergic reaction after dining at a restaurant, taking the following steps can support your claim for compensation:
Seek Medical Attention:
Your health is the top priority. Seek immediate medical attention to treat the allergic reaction. Ensure that all medical treatments and diagnoses are documented.
Report the Incident:
Inform the restaurant management about the incident. Ensure that they record the details in their accident or incident log.
Collect Evidence: Gather evidence to support your claim. This may include:
Photographs of the meal.
A copy of the menu or any allergen information provided.
Receipts or proof of purchase.
Contact details of any witnesses who can corroborate your experience.
Keep Records:
Maintain detailed records of all medical treatments, expenses, and any communication with the restaurant.
Consult a Solicitor:
Contact a allergy compensation solicitor who specialises in food allergy claims to assess your case and guide you through the claims process.
Making a Compensation Claim
To claim compensation for an allergic reaction, you must establish that the restaurant was negligent. The process involves several key steps:
Initial Consultation:
Your solicitor will conduct an initial consultation to understand the details of your case and determine if you have a valid claim.
Evidence Collection:
Your solicitor will gather all necessary evidence to support your claim, including medical records, witness statements, and documentation from the restaurant.
Notification of Claim:
A formal notification will be sent to the restaurant or their insurance company, informing them of your intention to claim compensation.
Negotiation:
The restaurant or their insurers may seek to negotiate a settlement. Your solicitor will handle these negotiations to ensure you receive a fair amount of compensation.
Litigation:
If a settlement cannot be reached, your solicitor may advise taking the case to court. They will represent you throughout the litigation process to pursue the compensation you deserve.
Types of Compensation
If your claim is successful, you may be entitled to various types of compensation, including:
General Damages:
For pain, suffering, and loss of amenity resulting from the allergic reaction.
Special Damages:
To cover financial losses and expenses incurred as a result of the reaction, such as medical bills, travel expenses, and lost earnings.
Future Losses:
Compensation for any ongoing medical treatment, rehabilitation, or future loss of earnings due to long-term impacts of the reaction.
Time Limits for Claims
In England and Wales, there are strict time limits for making a personal injury claim. Typically, you have three years from the date of the allergic reaction, or indeed the date you became aware that the reaction was caused by someone else’s negligence, to file a claim. It’s crucial to seek legal advice as soon as possible to ensure that your claim is filed within this timeframe.
Choosing the Right Food Allergy Compensation Solicitor
Choosing an experienced Food Allergy Compensation Solicitor is essential for a successful claim. Consider the following when selecting a solicitor:
Experience and Expertise:
Ensure the solicitor has a proven track record in handling food allergy claims.
Client Reviews:
Look for testimonials and reviews from previous clients to gauge the solicitor’s reputation and quality of service.
No Win, No Fee:
Many personal injury solicitors offer services on a no win, no fee basis, reducing financial risk when making a claim.
Owen’s Law
In one case, 18-year-old Owen Carey sadly passed away as a result of a fatal allergic reaction to food consumed at the Byron burger chain in London. The teenager was celebrating his birthday with his family and attended the Byron restaurant at the O2 arena in Greenwich. Owen was allergic to dairy products and had ordered a ‘skinny grilled chicken burger’. Being vigilant, and quite obviously trying to avoid injury to his person, he opted for no sauce on the burger. The menu did not state the chicken was, in fact, buttermilk chicken, and, being allergic to dairy, this was crucial to him and tragically caused his death. The teenager began displaying symptoms of a reaction after eating only a small amount of the chicken burger, and collapsed. He subsequently passed away as a result of an anaphylactic reaction.
Our Food Allergy Compensation Solicitors have looked to the stipulations made by The Food Standards Agency. The Food Standards Agency state that, in accordance with the EU Food Information for Consumers Regulations, allergenic ingredients should be clearly indicated via methods that “clearly distinguishes it from the rest of the ingredients, for example by means of the font, style or background colour”. Owen’s family say that the menu did not contain this information.
Making an Allergy Compensation Claim
Suffering an allergic reaction at a restaurant can be a distressing experience, but understanding your rights and the claims process can help you secure the compensation you deserve. By taking prompt action, gathering evidence, and seeking the help of an experienced solicitor, you can navigate the complexities of a compensation claim and focus on your recovery. Restaurants have a duty to provide safe dining experiences, and holding them accountable for their negligence helps improve safety standards for all customers.
If you believe that you have suffered injury, as a result of a breach of duty to keep you safe when consuming products you may be allergic to, contact MG Legal’s Food Allergy Compensation Solicitors today, at injury@mglegal.co.uk.
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