Costa Coffee – Allergic Reaction After Eating At Costa Coffee – Can I Claim Compensation? – Food Allergy What To Do & Guide?

In this online guide, we look at the legal process of claiming compensation for suffering an allergic reaction after eating at Costa Coffee. However, much of this guide will also be relevant for allergic reactions caused by other eateries, cafes, restaurants and fast-food outlets. We aim to show you why you could be in a position to make a personal injury claim in the first place, and how a lawyer can help you with this.

You will need to be within the applicable personal injury claims time limit to be able to make a claim. This limit is 3 years from the date of your reaction. A failure to claim in this time may see you barred from doing so. For more advice based on your own circumstances, you can speak to our team on 0800 073 8804. 

An advisor will be available 24/7, 365 days of the year to provide you with the answers to any questions you may have and to help you get your claim underway.

Select A Section:

• A Guide To Claims For An Allergic Reaction After Eating At Costa Coffee
• What Is An Allergic Reaction To Costa Coffee Drink Or Food?
• Examples Of What Foods Could Cause An Allergic Reaction
• Statistics On Being Allergic To Foods
• I Requested One Of These Ingredients Be Left Out
• Staff Did Not Follow My Request To Leave Out An Ingredient
• Takeaway Customer Consumer Protections
• What Are My Rights If I Did Not Tell A Takeaway About My Allergy?
• Food Allergy Warning Menu For Costa Coffee
• Calculating Compensation For Allergic Reactions After Eating At Costa Coffee
• What Special Damages Could Be Claimed?
• How To Claim Damages If You Suffered An Allergy In Costa Coffee
• No Win No Fee Claims If You Suffered An Allergic Reaction After Eating At Costa Coffee
• Talking To Our Team About Allergic Reaction Claims
• Resources

A Guide To Claims For An Allergic Reaction After Eating At Costa Coffee

In this online guide, we will be covering both an allergic reaction to Costa Coffee products due to the likes of a milk allergy or dairy allergy, and we will also be covering general food allergies such as a nut allergy. We begin the guide by briefly looking at what an allergic reaction is and why they occur.

The first part of this guide relates to how an allergic reaction can happen and why. We go over the kinds of food that could typically cause an allergic reaction and provide some basic statistics showing how common the problem of an allergic reaction can be. 

We then move on to look at some legal considerations, such as what the situation would be if you requested an ingredient to be left out but it wasn’t, or if your instructions related to the allergen content of the food were not followed. We will also explain how takeaway and delivery customers could be in a position to make a claim, and what their rights might be in different circumstances. We end the first part of this guide with a list of the drinks and foodstuffs that Costa Coffee has on its menu at the time this guide was written.

The last part of this guide contains several sections that relate to the financial and legal aspects of making a compensation claim against Costa Coffee. We have provided you with a table that should help you work out what you might be able to claim for. 

The last section of this part of the guide gives an explanation of what a No Win No Fee claim is, the benefits of using such a fee agreement, and how we can assist you in arranging for a solicitor to handle your claim under the No Win No Fee format.

If you need additional questions answered once you have read this guide, our team is available to talk to any time of the day or night. Give them a call on the number at the top or bottom of the page and one of our expert advisors will provide you with any help and advice you might need.

What Is An Allergic Reaction To Costa Coffee Drink Or Food?

The National Health Service (NHS) has published some excellent information about allergies. An allergic reaction is caused by the body reacting to an allergen in food, triggering overproduction of histamine which causes the reaction. 

Many allergic reactions are so slight that they go unnoticed. However, a few result in anaphylaxis, a potentially life-threatening condition. There are many possible ways to be exposed to a food allergy in Costa Coffee. For example, a gluten allergy when eating a sandwich, a celery allergy while eating a salad, or a fruit allergy after drinking a smoothie.

Who Is Eligible To Claim?

Simply suffering an allergic reaction after eating in Costa Coffee is not a reason alone to make a compensation claim. You must have valid grounds to claim. This means that you will have to prove that Costa Coffee or one of its representatives such as a barista, has breached their duty of care in some way, resulting in the harm you have suffered. This can be through error, omission or oversight.

If you are unsure if you are eligible to make a compensation claim, please talk to one of our expert advisors. They will evaluate your case for you and let you know whether it is viable to proceed with a claim.

What Is A Food Allergen And How Do They Harm People?

There are many substances that can cause a food allergy. These allergies are generally related to a specific substance such as sulphur dioxide (present in wine) or shellfish.

Just because a person has never suffered an allergic reaction to a type of food before does not mean they will never have an allergic reaction to it. Allergies can start at any time during a person’s life. Symptoms of an allergic reaction at Costa Coffee might include:

• A blocked or runny nose, and itching of the nose as well.
• Watering eyes that could be red, inflamed, or itchy.
• Problems breathing such as shortness of breath, a tight chest, wheezing.
• An itchy, pronounced rash on the skin, much like hives.
• Swelling of the face, lips, eyes, tongue or throat.
• Stomach cramps, nausea or diarrhoea.

If you suffer from these kinds of symptoms whilst eating in Costa Coffee, you should consider seeking medical help. We could also assist you in making a compensation claim for the harm you suffered.

Examples Of What Foods Could Cause An Allergic Reaction

There is a very wide range of food types that could result in an allergic reaction, many of which are encountered almost daily. For example:

• Nut allergies – when eating cakes, pastries, and the like.
• An egg allergy – when ordering breakfast at Costa Coffee.
• A wheat allergy – when eating a sandwich or roll.
• A soy allergy
• A cereal allergy – possibly encountered when ordering muesli or similar.
• A seafood allergy – when eating any type of seafood.

These are just some of the kinds of food allergies that a Costa Coffee patron could suffer from. There are many more. We recommend you speak to one of our advisors to learn whether you could have a valid compensation claim if you suffered an allergic reaction at Costa Coffee. Any case would require clear evidence that the coffee shop breached its duty of care.

Statistics On Being Allergic To Foods

When we look at the statistics related to food allergies and food intolerance in this country,  provided by Allergy UK, we find the following:

• 20% of the population of the UK has to live with some kind of allergy.
• 44% of all adults in the UK suffer from at least one allergy.
• Since 2012, there has been a massive 615% increase in the number of people being admitted to hospital to be treated for anaphylaxis.
• An anaphylactic reaction occurs roughly once in 1,000 allergic reactions.

These statistics show just how large a problem allergies, including food allergies are in the UK.

I Requested One Of These Ingredients Be Left Out

There are strict rules and regulations related to the allergen content in food and how it is represented and handled. All food outlets must show the food allergen content of each dish. This is so the customer can decide whether the food is safe for them to eat.

If you warn the restaurant that you have a specific allergy and ask for a certain ingredient to be removed from a dish, if you go on to suffer an allergic reaction, it could be because the instructions were ignored. If this is the case and you can prove it, a personal injury solicitor may be able to help you claim compensation. 

However, it should be noted that a restaurant can refuse your request if it’s not possible for them to comply with it.

Some of the common requests that customers might ask of a food outlet include:

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

If you were to request one of these food groups to be removed from a dish and it wasn’t, then you may be in a position to make a claim if you subsequently suffered an allergic reaction. This is something we could be able to help you with provided you can prove the failings of the outlet.

Staff Did Not Follow My Request To Leave Out An Ingredient

You should be able to ask the serving staff at Costa Coffee to leave out a particular ingredient from a dish. Of course, this may not be possible, and the member of staff would need to explain this to you at the time. 

If it is agreed that the ingredient will be removed and it isn’t, and this results in you suffering an allergic reaction, you may be in a position to claim compensation. This is because the staff have clearly made a mistake. We can assist with such personal injury claims. We can provide you with a personal injury lawyer who will process your claim for you. To stand the best chance of success, it’s important to provide as much evidence as possible, such as a receipt containing the order, or the packaging of the product.

Could An Allergic Reaction Be Caused By A Restaurant’s Negligence?

Yes, as we noted in the section above, failing to remove an ingredient that was previously agreed would be omitted from a dish could be deemed negligent. Costa Coffee should also provide food allergy warnings on their menus, and offer Costa Coffee allergy advice when requested by a customer.

Any mistakes made following these protocols could be seen as negligence, and one of our solicitors could help you to claim compensation for the harm you suffered if you can clearly prove the coffee shop failed in its duty of care.

Takeaway Customer Consumer Protections

When it comes to suffering an allergy to Costa Coffee products, it doesn’t matter if you are eating on the premises or taking them away. Ordering takeaway is considered to be distance selling. Allergen information must be provided before the sale is completed.

If it is not, or the information is incorrect and the customer suffers an allergic reaction, they could be in a position to seek compensation. Speak to one of our advisors to learn how we can help with this.

Food Allergy Warning Menu Failures

From a food allergy point of view, you will need to locate the food allergy statement on the menu, and also any allergen information about a specific drink you intend to order.

This information must be clearly printed on the menu, and if it is not and a person suffers an allergic reaction because of it, this could be the basis for a compensation claim provided they can prove the outlet’s failings.

What Are My Rights If I Did Not Tell A Takeaway About My Allergy?

When you order takeaway food, the serving staff are legally obliged to provide you with Costa Coffee allergy information related to the food you are ordering. This may be through the menu, signage, verbally or via their website. 

You are not obligated to tell them you have an allergy; you would use the information they have provided to choose safe food.

Therefore, whether you have informed Costa Coffee that you have an allergy or not, if the allergen information provided is wrong or omitted or if food is cross-contaminated and bore no ‘may contain’ warnings, you could be able to make a compensation claim if you suffer a reaction and can prove the fault of the outlet.

Food Allergy Warning Menu For Costa Coffee

Although we cannot provide a full Costa Coffee allergy list, we have provided the current menu at the time this guide was written. It should give you an indication of the kinds of food and beverages sold that might be a problem for you.

Coffees

• Honeycomb Latte Macchiato
• Honeycomb Cappuccino
• Flat White
• Latte
• Cappuccino
• Mocha
• Flat Black
• Macchiato
• Cortado
• Mocha Cortado
• Caramel Cortado
• Americano
• Espresso
• Premium Filter Coffee
• Ristretto

Coffee Over Ice

• Honeycomb Iced Cappuccino
• Honeycomb Iced Latte (Shaken)
• Iced Latte
• Iced Cappuccino
• Iced Flat White
• Iced Mocha
• Iced Americano
• Iced Espresso Macchiato
• Iced Cortado

Cold Brew Coffee

• Honeycomb Cold Brew Coffee
• Strawberry Cold Brew Coffee
• Cold Brew Coffee Black

Frostino

• Honeycomb Frostino with Light Dairy Swirl (with Coffee)
• Coffee Frostino
• Belgian Chocolate & Cream Frostino with Coffee
• Belgian Chocolate & Cream Frostino
• Salted Caramel & Cream Frostino
• Salted Caramel & Cream Frostino with Coffee
• Strawberry & Cream Frostino
• Mint Choc Chip Frostino & Cream

Fruit Coolers

• Red Summer Berries Fruit Cooler
• Mango And Passion Fruit Cooler
• Coconut and Watermelon Fruit Cooler
• Iced Teas & Lemonades
• Honeycomb Lemonade
• Strawberry Lemonade
• Classic Lemonade
• Strawberry Iced Tea
• Peach Ice Tea

Hot Chocolate & Other Milk Drinks

• Ruby Cocoa Hot Chocolate and Cream
• White Hot Chocolate
• Hot Chocolate
• Chai Latte
• Milk Babyccino

Tea

• English Breakfast
• English Breakfast Decaf Tea
• The Earl
• Jasmine Green Tea
• Double Mint Infusion
• Pure Green tea
• Superfruity Infusion

Calculating Compensation For Allergic Reactions After Eating At Costa Coffee

A personal injury claims calculator might be able to give you a rough estimate of the amount of compensation you could be entitled to. However, they are often misleading. Instead, we’ve compiled the table below that has been based on the guidelines published by the Judicial College.

Call our claims team if you would like a solicitor to value your claim for you. They’ll be able to provide a more accurate estimate.

What Special Damages Could Be Claimed?

If your claim for an allergic reaction after eating at Costa Coffee is a success, you will likely receive a settlement that consists of up to two types of damages. General damages are based on the level of suffering the victim has been through, and could account for:

• Permanent disabilities.
• Traumatic treatment.
• Psychological harm.
• General pain and suffering.

Special damages are non-physical in nature. Documentary evidence will need to be provided to prove expenditure for costs such as:

• Loss of earnings potential.
• Lost wages or salary.
• Medical fees.
• Care costs.
• Ad-hoc expenses.

Talk to our team to find out the kinds of damage you could be able to claim in your own case.

How To Claim Damages If You Suffered An Allergy In Costa Coffee

If you need a personal injury lawyer to help you make a claim, simply follow these three simple steps:

1. Call our expert team and explain your situation.
2. An advisor will evaluate your claim.
3. If your case has good prospects of success, we will provide a lawyer to process your claim for you.

You have nothing to lose and everything to gain, so talk to our team today!

No Win No Fee Claims If You Suffered An Allergic Reaction After Eating At Costa Coffee

A No Win No Fee claim provides potential claimants with crucial access to justice. Under a No Win No Fee agreement you don’t pay any new claims fee or solicitor fees while the claim is processed. If the claim fails, your lawyer will not expect to collect their fees from you, meaning you can walk away without paying anything.

If the claim is won, the lawyer will request that you pay a modest success fee, the level of which is legally capped. This forms a small percentage of the compensation you are awarded.

Talking To Our Team About Allergic Reaction Claims

Have you suffered an allergic reaction to Costa Coffee products? Do you think one of our solicitors might be able to help you to claim compensation? If so, get in touch with us using the following methods:

• Send us an email using our contact form 
• Call our claims team on 0800 073 8804 
• Send us a message using the live chat function, bottom right.

Resources

Thank you for taking the time to read our guide to the services offered by our solicitors following an allergic reaction after eating at Costa Coffee. Below, you can find some further guides you may find useful.

Costa Coffee Accident Claims

Suing A Restaurant For A Food Allergy

Claiming For An Allergic Reaction To Nuts

Also, these external links could be of help:

The British Society For Allergy & Clinical Immunology (BSACI)

AllergyUK Website

Asthma, Allergy & Sinus Clinic

Guide by Wheeler

Edited by Billing