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Allergic Reaction After Eating At An Indian Restaurant – Can I Claim Compensation?

How Much Could I Claim For An Indian Restaurant Allergy?

Did you know that if you suffer an allergic reaction after eating Indian food, and the cause was negligence on the part of the restaurant or its staff, that you might be able to make a personal injury claim? This guide aims at showing you why you could be in a position to make a claim, and how to start the process of doing so.

Allergic reaction after eating at Indian restaurant claims guide

Allergic reaction after eating at an Indian restaurant claims guide

This guide will go over the process of claiming for an allergic reaction caused by an Indian restaurant, but cannot answer every possible question you might have. If you do have questions that fall outside of the scope of this guide, our expert team is available 24 hours a day to answer them for you.

You can contact them on 0800 073 8804.

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A Guide To Claiming For An Indian Restaurant Allergic Reaction

If you are eating food from an Indian restaurant and have a food allergy, you already know that you must avoid certain dishes. However, despite your best efforts at keeping yourself safe, an Indian restaurant allergic reaction can happen when a mistake is made by the staff of the restaurant. This guide covers such situations.

We start with a brief overview of what allergic reactions are, and why they could be the fault of an Indian restaurant. We look at what triggers an allergic reaction and also the symptoms as well. In the last section of this part of the guide, we look at some of the responsibilities that restaurants have in keeping you safe from harm.

In the middle of this guide, we list some of the most popular Indian restaurants in the UK as well as some of the most popular Indian dishes. We then move on to look at some of the circumstances that could contribute to a claim. We discuss whether you should tell the restaurant that you have a food allergy. 

We also examine what could happen if you request a dish to be prepared in a special way, and then this is not done, triggering your food allergy. We present some basic statistics about food allergies in the UK and also look at some of the more common types of foods that contain one or more allergens.

The last few sections of this guide move on to look at a number of financial considerations when making a compensation claim. We have included an example table that you can use to get an idea of how much you may be able to claim in compensation if you do win your claim. 

Following this, we have listed some of the kinds of damages you may receive as part of the overall settlement of a successful claim. Lastly, we go over some of the key advantages of using a solicitor working under a No Win No Fee agreement.

You might need some of the information presented in this guide expanded on, or reading it may have raised additional questions. Don’t worry, our claims team works 24/7 manning our helpline. You just need to give us a quick call to speak to an expert. The expert can also give you additional information such as which personal injury claims time limit is going to apply to your claim.

What Is An Indian Restaurant Food Allergy?

An allergic reaction after eating Indian food could occur when you have a food allergy that has been triggered by one or more allergens found in the food you have eaten. 

Your body wrongly sees the allergen as a toxin. When the substance is encountered, this triggers a reaction. Unfortunately, the reaction itself can cause some nasty symptoms, even deadly ones. Indian food allergy symptoms could include:

  • Dizziness and confusion.
  • A red, itchy skin rash.
  • Stomach pains.
  • Swollen tongue and throat.
  • Watering or itchy eyes.
  • A blocked-up nose.
  • Anaphylactic shock (more on this in the next section).

Symptoms And Causes Of Anaphylactic Shock

The worst of all symptoms of a reaction to Indian food and allergies is anaphylactic shock or anaphylaxis. People who suffer this type of allergic reaction could be in danger if they do not receive emergency medical treatment. The symptoms of anaphylaxis include:

  • All of the symptoms listed in the previous section.
  • A rapid pulse or a weak one.
  • Clamminess and sweating.
  • Loss of consciousness.

It is only the most severe reactions that result in these symptoms.

What Protections Are Diners Given Under The Law?

Part of the Indian food allergy info in this guide relates to how the law protects you with regards to food safety. There are a number of pieces of legislation that apply to restaurants, whether they are serving food at a table, or providing takeaway or delivery services. These are the Food Safety Act 1990, and the health and safety regulations relating to the hospitality and catering sector.

A failure to comply with all of these rules and regulations could be seen as negligence if the failure leads to you suffering an allergic reaction. In such cases, we could be able to provide you with a solicitor to process a claim for the harm you suffered. Simply get in touch with our team to find out how they can help you if you’ve suffered an allergic reaction after eating Indian food.

Does A Takeaway Or Restaurant Have To Provide Allergen Information?

A takeaway or delivery service is classed as distance selling. Any eatery offering such a service still has to adhere to all of the applicable rules and regulations related to food safety, to make sure you don’t suffer a triggering of your Indian food allergy unnecessarily.

If you are using an app or a website to place an order, the allergen information has to be clearly available and simple to access either within the app or on the restaurant’s website.

If this information is not given, and you suffer an allergic reaction because of this, then we could be able to assist you in making a compensation claim provided you can prove the restaurant breached its duty of care. Call our team to learn more about how you can claim for an allergic reaction after eating in an Indian restaurant.

Top Indian Restaurants In The UK

Indian food is very popular in the UK, and for good reason. Indian food is delicious and fairly healthy to eat. Some Indian restaurants are known to be better than others, and these include:

  1. The Cumin, Nottingham
  2. Roti Chai, London
  3. Haveli, Ponteland
  4. Chutney Mary, London
  5. Masala Zone

Popular Indian Restaurant And Takeaway Dishes

Mains

  1. Tikka Masala
  2. Korma
  3. Jalfrezi
  4. Rogan Josh
  5. Madras
  6. Biryani
  7. Balti
  8. Bhuna
  9. Dupiaza
  10. Dansak

Bread and Rice

  1. Boiled rice
  2. Egg fried rice
  3. Mushroom rice
  4. Vegetable rice
  5. Garlic naan
  6. Plain naan
  7. Peshwari naan

Should You Inform An Indian Restaurant You Have A Food Allergy?

You don’t have to tell the staff at an Indian restaurant that you suffer from a food allergy. You should already be provided with all of the information you need about the allergen content of food so that you can safely make choices from the menu.

The restaurant is obliged to provide full allergy information on the menu, or failing that, advertise a means of obtaining allergen information. That could be through serving staff or via their website. Some restaurants may even have allergy-friendly menus, such as a gluten-free menu. 

If you do tell the staff at an Indian restaurant that you suffer from a food allergy, and they subsequently provide you with Indian food allergy info, then this must be correct. If they make a mistake that influences your ordering choices, and you then go through a traumatic allergic reaction, one of our lawyers might be able to process a negligence claim for you.

Could I Request The Restaurant Leave Out A Potential Allergen?

If you know exactly the kinds of ingredients that can trigger your food allergy, you might like to try and order a dish and request that a specific ingredient be left out. For example, the word paneer on an Indian menu means cheese. You might like to ask for a dish to be made without it, so as not to trigger an Indian food dairy allergy. The staff don’t have to agree to do this for you; they are well within their rights to say no.

What Happens If I Am Served Food Which I Am Allergic To?

If you have asked for an ingredient to be omitted from food, for example, cumin knowing that you have an allergy to Indian spices, then the staff at the Indian restaurant must make sure this is done if they have agreed it can be done.

If a mistake is made, such as forgetting to tell the chef, the chef forgetting the request, if food is cross-contaminated or if you are served a dish meant for another table, then this could be seen as negligence if it triggers your food allergy. In such cases, our team of solicitors may be able to help you to make a claim if you’ve suffered an allergic reaction after eating Indian food.

Indian And Other Restaurant Food Allergy Statistics

In this section, we will look at some allergy information in the form of statistics or the UK. These statistics were provided by the Food Standards Agency (FSA) in a 2017 report:

  • 1% of people in the UK suffer from some type of coeliac disease.
  • Of all adults in the UK, up to 2% suffer from at least one food allergy.
  • Up to 8% of children in the UK suffer from at least one food allergy.
  • 65% of food-related hospitalisations are caused by some form of food intolerance.

Food allergies are an increasing problem for the health service in the UK, as the numbers of sufferers appear to be growing year on year.

What Causes Or Triggers The Symptoms Of An Allergic Reaction?

There are 14 main allergens that fall under the remit of rules and regulations in the UK. These allergens are found in common foodstuffs, many of which we eat almost daily in the UK, such as:

  • Any dish containing fresh prawn could trigger a shellfish or seafood allergy.
  • Exotic ingredients such as ghee, that could trigger a milk
  • Foods such as sauces. For example, farmhouse mustard triggering a mustard or sesame allergy
  • Depending on the type of food being prepared, different kinds of cooking oils are used, such as peanut oil, nut oil, or soya oil, any of which could trigger an allergy.

If you are exposed to an allergen whilst eating out or ordering in, and the allergen results in an allergic reaction, then if you can prove that negligence was the cause we could be able to help you make a claim. Talk to a member of our team to find out how.

Calculating Compensation For An Indian Restaurant Allergic Reaction

You might be able to find some kind of personal injury claims calculator that can roughly estimate the amount of compensation you might receive following a successful claim. As an alternative, you can use this table below to achieve the same result. All you have to do is look up how severe your allergic reaction was, then check the range of compensation that may be applicable in such cases.

Edit
Problem with Health Range of Damages How Severe? Additional Notes
Anaphylaxis £36,060 to £49,270 Severe Anaphylactic shock that was caused by a severe allergic reaction to food. The victim would need to be stabilised using emergency medical treatment, before being taken to hospital. This is vital, as anaphylaxis can be deadly if not treated promptly. The major symptoms should heal with four weeks, but for up to two years there may be significant life-changing lingering symptoms.
Allergic reaction From around £860 to £3,710 Minor Minor symptoms, more uncomfortable than actually painful, that were caused by an allergic reaction to food. With a few days to a few weeks recovery would be complete, with no further health issues.
Allergic reaction £8,950 to £18,020 Serious Serious symptoms that were caused by an allergic reaction to food. Although very painful, the symptoms fall short of actual anaphylaxis. The victim will recovery mostly within four weeks, but there could be some ongoing symptoms for up to two years.
Allergic reaction £3,710 to £8,950 Moderate Moderate symptoms caused by an allergic reaction to food. The symptoms would be painful and/or very uncomfortable. Treatment by a doctor might be required to treat the symptoms initially. Recovery will happen within a few days to four weeks, but there could be ongoing but trivial symptoms for up to two years.

For a more accurate idea of the level of compensation a successful claim could result in, then you will need a personal injury solicitor to look over your claim and evaluate it for you. If you call and talk to one of our experts, they can help to arrange to have this done for you.

How Special Damages May Be Calculated

When a personal injury lawyer is successful in pursuing a personal injury claim for you, the amount of compensation awarded will depend on the severity of the injury and the financial losses you have experienced. 

Firstly, there is one aspect of compensation called general damages. They are awarded for the pain and suffering the reaction caused, as well as the impact it had on your quality of life. . General damages also account for:

  • Long-term impairments or permanent disabilities.
  • Psychological harm that results in new conditions such as depression or anxiety.
  • The suffering caused by going through traumatic or invasive medical treatment.
  • The general pain of the symptoms of your allergic reaction.
  • The mental trauma of having the reaction.

Secondly, there are special damages. These are paid to you to make up for financial losses either already incurred or that will be incurred in the future. In the case of those already incurred, you will need to provide proof of spending such as invoices, bills, receipts, travel tickets, etc. 

Examples of the things that might be claimed for include:

  • Reduced lifetime earnings, if your capacity for work will be lower in the future.
  • Loss of your regular income if you missed work and didn’t receive all or part of your wages/salary.
  • For the cost of paying for private medical treatment.
  • To make up for the cost of hiring a nurse, or another kind of help at home.
  • For ad-hoc out-of-pocket expenses, for example, travel in relation to your illness or the claim itself.

You might like to find out what types of damages might be applicable in your own claim for an allergic reaction after eating Indian food. If you do, you can call our team and they can arrange for one of our lawyers to value your claim for you.

No Win No Fee Claims For An Indian Restaurant Food Allergy

In some cases, it makes sense to use a solicitor working under a No Win No Fee agreement to handle your claim for you. This is also known as a Conditional Fee Agreement (CFA). It is a contract between yourself and a lawyer for them to provide legal services without:

  • Charging a fee to start working on your claim.
  • Charing ongoing solicitor’s fees, no matter how long the claim takes.
  • Charging any lawyer’s fees if the claim is a failure.

If the lawyer does win your claim for you, then they will request that you pay them a small success fee, the limit of which is legally set. This fee can be collected straight out of any compensation payment that the lawyer has already received. They will then hand the remainder of compensation over to you.

For more information on No Win No Fee agreements in relation to claims for an allergic reaction after eating in an Indian restaurant, please get in touch.

Getting Help From Our Team

Are you unable to eat some of the food in an Indian restaurant due to an allergy? Did a mistake made by the restaurant or its staff lead to you consuming an ingredient that you knew you were allergic to? Did this trigger an allergic reaction? 

If this sounds like your situation, then we could be able to help you. If you can prove that negligence was the cause of this harm you suffered, one of our solicitors might be able to help you make a compensation claim. You can speak to our expert team in any of the following ways:

  • By writing to us using our contact form 
  • By calling our claims team on 0800 073 8804 
  • Or by using our live chat feature, bottom right.

Finding Out More About Making A Claim

Thank you for reading our guide to making a claim following an allergic reaction to Indian food. We have these other guides on our site that may be a useful read:

Claiming For An Allergic Reaction To Café Food

Vegan Food Allergy Claims

How To Claim For An Allergic Reaction To Nuts

Also, you may like to check out these other websites:

The Allergy UK Website

Information About Allergies

Some General Allergy Information

Other Guides You Can Check Out

 

Guide by Wheeler

Edited by Billing