Allergic Reaction After Eating In Patisserie Valerie – Can I Claim Compensation?

Visiting a patisserie can be delightful. With plenty of cakes, gateaux and puddings available, if you’ve got a sweet tooth, you might find yourself in heaven! However, if you’re given a dessert that contains an undeclared allergen, and this negligent act means you suffer an allergic reaction, you could be left with annoying, embarrassing or even life-threatening injuries. In that scenario, you may wish to claim compensation for your suffering. This guide provides information on claiming for an allergic reaction after eating in a Patisserie Valerie, which could also be applied to other patisseries.

Legal Expert specialises in personal injury claims and could help you. We offer a no-obligation telephone consultation to begin, along with free advice about your claim. If your advisor suspects your case is strong enough, you could be connected to one of our solicitors who specialise in allergy claims. Should they decide to handle your claim, it will be conducted using a No Win No Fee service.

To start an allergic reaction claim today, please call us on 0800 073 8804. Alternatively, please continue to find out more about claiming for an allergic reaction caused by Patisserie Valerie.

Select A Section

• A Guide To Claims For An Allergic Reaction After Eating At A Patisserie Valerie
• What Are Allergic Reactions After Eating Patisserie Valerie?
• What Foods May Trigger An Allergic Reaction?
• How Frequently People May Be Affected By Allergic Reactions
• What Should Staff Do If You Request An Allergen Be Removed?
• The Consumer Rights Act When Dining Out
• Claiming When You Did Not Notify Staff Of Your Allergy
• Patisserie Valerie Food Menu
• Calculating Compensation For An Allergic Reaction After Eating At A Patisserie Valerie
• Why And How To Claim For Special Damages
• How Do Allergic Reaction Claims Work?
• No Win No Fee Claims For Allergic Reactions From Patisserie Valerie
• Start A Claim For An Allergic Reaction
• Resources

A Guide To Claims For An Allergic Reaction After Eating At A Patisserie Valerie

UK food legislation places an onus on restaurants, cafes and other food businesses to ensure their customers are aware of any allergens used or potentially found in their products. We’ll discuss the methods they can use to do so later on. If that advice is not provided, any customer who suffers an allergic reaction could decide that they’d like to claim against the business for their suffering.

As we go through this guide, we’ll explain what forms of negligence could result in an allergic reaction. We’ll consider when a patisserie might be liable for your injuries, how the process of claiming works and what type of compensation payment might be possible.

Claiming compensation from any type of business can be difficult because they’ll usually have legal representation to try and defend themselves. That’s why we’d advise having a personal injury specialist of your own representing you. Importantly, we suggest that you should try and begin your claim while the events are still clear in your mind.

Not only will that mean your solicitor will have time to conduct their own investigation, but you’ll also ensure you start within the personal injury claims time limit, which is generally 3 years from the date of the reaction.

After you’ve taken in all of the guidance we’ll provide, please contact us here at Legal Expert once you’re ready to begin your claim. We offer free advice to anybody considering a claim, even when they choose not to proceed.

What Are Allergic Reactions After Eating Patisserie Valerie?

While we’ll show that food allergies aren’t anybody’s fault, we’re going to look at the types of negligence which could allow you to claim for an allergic reaction after eating in a Patisserie Valerie.

We’ll show you how breaching the law regarding food labelling or providing inaccurate allergen advice could enable you to seek compensation if it’s the cause of your suffering.

At any point during this article, if you’re not sure about your eligibility to claim, please check with one of our advisors.

What Are Food Allergies?

Surprisingly, allergic reactions are caused by mistakes made by the immune system. They occur when the body suspects that an ingredient is a danger to you, when in fact it’s completely safe. At that point, antibodies are sent around the body to try and eradicate the danger, but it is those antibodies which lead to the reaction.

The NHS website lists some of the most common symptoms which include:

• Difficulty swallowing.
• Nausea or vomiting.
• A red raised rash called hives.
• Swelling of the eyes, face, mouth and throat.
• Tingling or itching in the mouth.

As well as the common symptoms, which might only last a couple of hours, anaphylaxis can occur. When it does, the patient should be treated as a medical emergency as anaphylaxis can be life-threatening or even fatal.

What Foods May Trigger An Allergic Reaction?

As we discuss claims for an allergic reaction after eating in a Patisserie Valerie, we’ll mention some of the allergens people struggle with. However, there are many more that we won’t mention. Therefore, in this part of the guide, we’ve included a fuller list of potential allergies for your information:

• Nut Allergy
• Celery Allergy
• Soy Allergy
• Dairy Allergy
• Mustard Allergy
• Wheat Allergy
• Lupin Allergy
• Sulphur Dioxide Allergy
• Fruit Allergy
• Gluten Allergy
• Egg Allergy
• Cereal Allergy
• Seafood Allergy

You could make a claim for an allergic reaction caused by an allergen if it wasn’t listed clearly on the menu or posters and if staff told you it wasn’t present in a meal which it subsequently was. To be successful in such cases, evidence proving the breach of duty will be crucial.

How Frequently People May Be Affected By Allergic Reactions

In this section, we’ve listed some statistics from the Food Standards Agency regarding food allergies that we’ve found quite staggering. Their data shows that:

• 1 in 100 people in the UK suffers from a gluten allergy (coeliac disease).
• Up to 2% of adults in the UK are food allergy sufferers.
• And up to 8% of children also have food allergies.

What Should Staff Do If You Request An Allergen Be Removed?

If you’ve suffered an allergic reaction at Patisserie Valerie after you asked for an allergen to be removed (but it wasn’t), a compensation claim might be possible provided you can prove the restaurant’s failings. 

Some restaurants won’t allow changes to their menus because the food isn’t prepared on-site, but if they agree to make the changes you’ve asked for and you go on to suffer a reaction, then it’s possible you could claim. Here are some items you might ask to be omitted:

• No Eggs
• No Wheat
• No Milk
• No Fish
• No Cheese
• No Nuts
• No Oats

Should you have been unfortunate enough to have suffered a reaction in such circumstances, we could help you start a claim. Speak to a specialist advisor today for free claims advice.

How Negligent Staff Could Expose Customers To Allergens

Patisserie Valerie, along with other cafe and restaurant chains, invest heavily in meeting their legal requirements. They might produce allergen leaflets, posters, website pages and spend a lot of time training staff on allergen safety. 

However, it’s still possible for individual negligence to lead to customers suffering a reaction. For instance, a claim could be made for an allergic reaction caused by:

• Leaflets or posters with allergen details not being displayed.
• Staff providing incorrect information on allergens when asked.
• Kitchen staff failing to follow the correct safety procedures, leading to cross-contamination of products.
• Food preparation staff adding ingredients that are not supposed to be used in a dish.

If you can show that one of the above scenarios led to your allergic reaction, you could be eligible to begin a claim. Speak with us today for free guidance.

The Consumer Rights Act When Dining Out

Consumers in the UK are protected by legislation when they make purchases online or in-store. The main piece of law that protects us is the Consumer Rights Act 2015. When your product arrives, it should be the same as it was described and fit for its intended purpose.

When talking about food purchases, the food should contain the ingredients that were listed on the website, menu or packing it was ordered from. If it’s not, then it could be classed as ‘not as described’ and a claim might be possible. If an unlisted ingredient caused an allergic reaction then a personal injury claim could also be made.

What Obligations Do Restaurants Have to Provide Allergy Warning Information?

In restaurants, there are different ways in which the owner can inform you of any allergens:

• By listing each allergen on the menu next to any meal containing them.
• Using a notice board within the restaurant that tells you where allergen advice can be located (“Ask staff for details” would suffice).
• Or staff could proactively tell you or reactively answer any questions you have on allergens.

If there is a failure to disclose the presence of an allergen clearly, you might be able to sue the restaurant if you reacted to the allergen in your food.

Claiming When You Did Not Notify Staff Of Your Allergy

Even though you are an allergy sufferer, you don’t have a legal obligation to tell retailers or food businesses about it. It is probably a good idea to do so but, if you didn’t and you ordered a product that didn’t list the allergen you’re allergic to and you went on to suffer a reaction, you could claim provided you can clearly prove that the outlet had breached its duty of care.

Make contact with Legal Expert to explain what happened and we’ll consider your options.

Patisserie Valerie Food Menu

There are many different desserts available at Patisserie Valerie, so we’ve listed them here for your information. You should note that while there are restrictions due to COVID-19, menus can quickly change so you might find that not all options are available in all branches.

• Classic Habana Gateau
• Carrot Cake
• Classic Fruits of the Forest Gateau
• Triple Chocolate Delight Gateau
• Classic Lemon Gateau
• Double Chocolate Dream Gateau
• Classic Strawberry Gateau
• Madame Valerie’s Classic Patisserie Box
• Black Forest Gateau
• Pink Candy Stripe Gateau
• Chocolate Gateaux Selection
• Tiramisu Gateau
• Blueberry Ombre
• Praline Gateau
• Raspberry Fault Line Gateau
• Pink Pinata Cake
• White Chocolate Dream Gateau
• Fairy Tale Gateau
• Blue Candy Stripe Gateau
• Salted Caramel Gateau
• Yellow Pinata Cake
• Blue Pinata Cake
• Tropical Gateau

Should you have suffered a reaction after eating any of the foods listed because of incorrect allergen information, we might be able to help you claim compensation. For a free assessment of your case, speak to Legal Expert today.

Calculating Compensation For An Allergic Reaction After Eating At A Patisserie Valerie

We’re now going to consider how much compensation an allergic reaction can result in. It’s important to state that each claimant is affected differently so compensation amounts will vary. That’s the main reason we don’t use a personal injury claims calculator, which can lead to confusing results. The table below has figures listed from a document which solicitors, insurers and courts use to work out compensation amounts. For your information, the document is called the Judicial College Guidelines.

When asking a defendant to compensate you, their solicitor will ask you to prove the severity of your injuries. For that reason, during your claim, an appointment will be made for a local medical assessment. While at the appointment, your injuries will be reviewed and assessed by an independent medical expert. They’ll also check your medical records and you’ll be asked several questions.

Then the medical specialist will compile a report to show what injuries or illnesses were sustained, whether any symptoms will remain in the long-term and how you’ve suffered as a result.

Why And How To Claim For Special Damages

Special damages could be awarded if you’ve had to spend money or lost money as a result of your allergic reaction. There are different elements to a special damages claim, including:

• Lost Income. If you’ve been away from work to recover or visit a doctor, you may lose some income if you don’t receive full sick pay. That means it may be possible to ask for that loss back.
• Care Costs. It’s possible that you’ll require somebody to look after you while you recuperate. In these cases, you may be able to claim back the cost of a carer or the time of a friend who helped you.
• Travel Costs. There are two elements to travel costs. The first is where you have to spend money on alternative travel methods because you’re unable to drive while you’re ill. The second is where you have to pay for fuel or parking when you travel to a hospital, GP surgery or pharmacy. In either case, it may be possible to ask for these costs back.
• Medication Expenses. Most people will receive free treatment on the NHS to help them recover from an allergic reaction. However, the cost of over the counter products, prescriptions and treatments not available on the NHS could all build up. If that happens, there may be a case for requesting these losses back.
• Future Lost Earnings. For more severe allergic reactions, you might find your ability to carry out the same work hampered or the number of hours you are able to work is reduced for the long-term. If that happens, it might be possible to calculate your future lost earnings and claim them back.

When you speak with one of our solicitors, they’ll be able to explain what can and can’t be claimed in your case.

How Do Allergic Reaction Claims Work?

When you’re ready to begin your claim, our team will handle most of the work for you. That means you won’t need to discuss anything with the defendant. Here is some information about the way we work which hopefully will help you decide to choose us:

• Our friendly advisors give free legal advice whether you go on to claim or not.
• Our team of personal injury lawyers have been handling claims for decades.
• You can begin your claim night or day, 7-days a week.
• Your solicitor will be available to answer queries and provide updates as the case continues.
• If your claim is taken on, your solicitor will work hard to try and achieve as much compensation as possible in your case.
• You can see some glowing reviews from our previous clients here.

Whether you’re already happy to begin your claim or if you’d like to know more about how we can help, contact one of our specialists today.

No Win No Fee Claims For Allergic Reactions From Patisserie Valerie

The worry of losing money when seeking compensation often deters people from starting a claim following an allergic reaction. So that you can seek justice without worrying too much, our solicitors provide a No Win No Fee service for any claim they take on.

Obviously, your solicitor will need to check that your claim is viable before taking it on. Once they’ve reviewed your case, if they are happy and you’d like to continue, you’ll receive a Conditional Fee Agreement (CFA) to read and sign. The CFA is a No Win No Fee agreement and is used to fund your claim.

When you claim using a CFA, you’ll benefit because:

• You won’t be asked for any payment upfront. This means the claim can start once you’ve signed.
• There won’t be any solicitor’s fees to pay while the claim progresses.
• In cases where the claim is lost, your solicitor won’t charge you any of their fees.

In the CFA, you’ll see a section about success fees. This is a small piece of your compensation that the solicitor will retain if they win the case. It’s used to cover their fees and costs. By law, success fees are capped, and you’ll know exactly what yours will be when you sign the CFA.

Contact Legal Expert today and ask if your case can be handled using our No Win No Fee service.

Start A Claim For An Allergic Reaction

We’ve now explained making a claim for an allergic reaction after eating in Patisserie Valerie. Hopefully, you’ve been engaged by the content and it’s helped you decide if you’re going to begin a claim. If you are, and you want Legal Expert to support you, here are our contact details:

• The simplest method is to call for free advice on 0800 073 8804
• If you prefer to discuss what happened with an online advisor, you can use the live chat option.
• So that you can write down everything before discussing your claim, we accept emails sent to info@legalexpert.co.uk.
• Finally, you could request that we contact you by completing this claims form.

The process of starting a claim couldn’t be simpler. We’ll listen to what caused your allergic reaction, review any evidence and try and work out who was to blame. If your advisor believes your claim has some chance of success, they’ll link you with a personal injury solicitor who specialises in allergy claims. If they agree that your claim has merit, they’ll work for you on a No Win No Fee basis.

Resources

This section marks the end of this article about claiming compensation for an allergic reaction after eating in Patisserie Valerie. To complete the advice we’ve already provided, you’ll find additional guides and resources below. Should you require any further advice, please get in touch with an advisor.

Suing For A Nut Allergy – An article which explains when an allergic reaction caused by nuts could make you eligible to seek compensation.

Beauty Treatment Negligence – Information on claiming for suffering caused by beauty treatments including allergic reactions to product ingredients.

Allergic Reaction Claims – This guide is a takes a more generic look at suing restaurants for an allergic reaction.

Anaphylaxis Campaign – A charity supporting those at risk of severe allergic reactions.

Food Alerts – A list of product recalls from the Food Standards Agency. Some are recalled due to undeclared allergens.

Causes Of Food Allergies – This is an NHS article listing different foods that cause food allergies.

Other Guides Available To Read

• How To Claim For Carbon Monoxide Poisoning At Work
• John Lewis Personal Injury Claims Guide
• DFDS Seaways Ferries Personal Injury Claims Guide
• Saga Cruise Ship Personal Injury Claims Guide
• How To Claim Compensation Against A Romanian Lorry/HGV Driver?
• I Slipped In A Co-op Supermarket – Can I Claim?
• £23,000 Compensation For A Broken 5th Metatarsal Injury
• Sports Direct Accident Claims Guide
• Allergic Reaction After Eating At Pizza Hut – Can I Claim?

Guide by Hambridge

Edited by Billing