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Allergic Reaction After Eating At Five Guys – Can I Claim Compensation?

In this guide, we’ll take a look at the circumstances in which you could make a compensation claim for an allergic reaction after eating at Five Guys.

If you’re a fan of a burger, chips and shake meal, you’ll no doubt have seen Five Guys restaurants popping up in shopping centres around the country. They’re an American firm started back in 1986 and got the name from the family of five brothers that established it. 

For many, a trip to a burger restaurant is nothing more than a guilty pleasure but, for some, it can be an altogether different experience. For those who suffer from a food allergy, eating at a new restaurant can be quite tricky. Fortunately, there are rules and regulations in place to ensure allergen information is readily available for anybody who needs it.

Allergic reaction after eating Five Guys claims guideThe team at Legal Expert are able to help you start a claim by providing free advice and a no-obligation telephone consultation. A member of our team will ask you about the cause of your allergic reaction and consider who was to blame. If they believe your claim is viable, you could be connected with one of our experienced personal injury solicitors to progress your claim.

If you’d like free legal advice in relation to a potential claim against Five Guys today, please call us on 0800 073 8804. Otherwise, continue reading to find out more about when allergic reaction compensation claims are possible.

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A Guide To Claims For An Allergic Reaction After Eating Five Guys

You might not think that a burger bar presents much of a problem for people with food allergies, right? After all, it’s just peanuts that cause allergies, isn’t it? Well, you might be surprised to learn that there are actually loads of different ingredients which can cause an allergic reaction and 14 of them have to be displayed in restaurants by law if they’re used in any of their meals.

When a restaurant upholds their duty of care and advertises allergens correctly, it’s easy for customers to have confidence that the meal they choose will be safe. However, accidents and mistakes do happen and, unfortunately, can cause a customer to suffer an allergic reaction. If that’s happened to you, there’s a chance you could be entitled to begin a claim.

Proving what caused an allergic reaction is always going to be a tricky thing to do. That’s why we’d advise you to let a personal injury lawyer manage your claim. They should have the skills and knowledge to provide evidence, including medical reports, to help substantiate your claim. One thing you should bear in mind, though, is that claims have to be made within the 3-year personal injury claims time limit.

The limitation period usually starts from the date your allergic reaction happened, but don’t wait till the 3-years is nearly up to start. It’s so much easier to remember what happened if you begin your claim early. Also, starting too late might make it difficult for your solicitor to complete all the tasks necessary to submit the claim properly.

After you’ve finished reading, please get in touch if you’d like to start a claim or if you have any questions you’d like to ask.

What Is An Allergic Reaction To Five Guys?

When you sue a restaurant for an allergic reaction, you’ll need to show that they were negligent in some way. After all, it’s not their fault that you have an allergy. In this article, we’ll look at why Five Guys might’ve been responsible for your allergic reaction, whether you have grounds to be compensated and how much you might receive.

If at any point you’re unsure whether you’re eligible to claim, please check with one of our experts by calling the number above.

What Are Allergies And Intolerances?

Allergies and intolerances are actually two different things. Intolerance to food is something that will usually cause problems with the digestive system like an upset stomach. Food allergies can be more serious because they are caused by the immune system.

When the body detects an ingredient which it wrongly thinks is dangerous (the allergen), it uses antibodies like immunoglobulin E (IgE) and histamine to try and prevent you suffering. However, it is those antibodies which cause the symptoms of an allergic reaction.

Some reactions, known as anaphylactic shock, can be life-threatening and even fatal. Thankfully, the more common symptoms are less dangerous but can still lead to long-term suffering. According to NHS information, common symptoms include:

  • Dry, cracked skin.
  • A raised itchy rash called hives.
  • Swollen eyes, face, tongue or lips.
  • A tight chest, wheezing, cough or shortness of breath.
  • Red, watering eyes.
  • Nausea and vomiting.

Whatever symptoms you suffer, Legal Expert could start a claim for you if the reaction was caused by a mistake or negligence. Please contact us and let us know what happened in your case.

Foods Which May Commonly Trigger An Allergic Reaction

As mentioned at the beginning of this article, there are many different types of food allergens and not all are as well known as others. Therefore, for information, we’ve provided a list of some common food allergies below:

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

If you’d like to begin a claim for an allergy caused by any of the ingredients listed, why not ask an advisor what steps you’ll need to take next.

Food Allergy And Safety Statistics

In this section, we’re going to show you some statistics about food allergies based on government data.

  • Around 2 million people are estimated to have a food allergy in the UK
  • About 10 people a year die on average from a serious allergic reaction to food.
  • Up to 8% of children and 2% of adults are food allergy sufferers.
  • 1 in 100 people are thought to suffer from coeliac disease.

These figures are purely based on food allergies and don’t include those who suffer from food intolerances or other, non-food, allergies.

I Requested That I Have An Allergy-Friendly Meal

When you choose your meal in a restaurant, you might well ask for an ingredient to be left out. You might do so because the taste is too strong, you don’t like the texture or because it’s something you’re allergic to. In some instances, the waiting staff might tell you that your request can’t be met and that you’ll need to pick a different meal. 

Here are some of the items you might ask to be left out of your meal.

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

If your request is accepted, but the ingredient isn’t taken out completely, you could go on to make a claim if the error caused you to suffer an allergic reaction. Where possible you should try and note the details of any witnesses who overheard you making the request. When you’re able to do so, why not ask Legal Expert to review whether you’re entitled to claim.

Allergic Reactions Caused By A Lack Of Food Safety Steps

Chain restaurants such as Five Guys provide support to their staff in the form of food safety training. They’ll also produce materials to be displayed in the restaurant regarding allergens in their food. However, even with all of this effort, mistakes can still happen that could cause a customer to suffer. For instance, the following scenarios could all mean you’re entitled to claim if you have an allergic reaction, provided you can prove the restaurant’s failings:

  • Failure to display an allergen notice in a prominent position.
  • Kitchen staff failing to follow safety procedures which cause cross-contamination.
  • Staff providing incorrect allergen advice when asked.
  • Chefs using the wrong ingredients in meals.

If you’ve been the victim of negligence which has caused an allergic reaction, please let us know what happened to see if you can start a claim.

Food Safety And Allergen Legislation

In the UK, there are many different pieces of legislation used to protect customers when making a purchase. The Consumer Rights Act 2015 means that products should be delivered as they were advertised and fit for purpose.

That means receiving food that contains an ingredient that wasn’t listed could be a breach of the Act and the legislation could be used as a basis for your claim.

Allergy Warning Labelling Failures

So, as we’ve discussed, restaurants need to show what allergens are present, or might be present, in their meals, but how should they do so? Here are a few examples:

  • Listing any known allergens clearly on packaging of any prepacked food.
  • Staff can provide accurate allergen information when asked.
  • Displaying an allergen noticeboard in a prominent position which explains where allergen details can be located.
  • Showing a list of allergens alongside meals on the menu.

If you believe you’ve suffered because of a lack of allergen information, please let us know and we’ll help you decide whether you should begin a claim.

Can You Claim If You Failed To Notify The Restaurant About Your Allergy?

In some circumstances, you are perfectly entitled to claim compensation for an allergic reaction after eating in Five Guys even if you didn’t tell them about your allergy. That’s because you’re not legally obliged to let restaurants know about your illness but they have a duty of care to tell you about any allergens in their food.

That means, if the restaurant was negligent and caused you to have a reaction because they didn’t supply allergen information in any of the ways listed earlier, you could still make a claim despite the fact you didn’t let them know you were an allergy sufferer. Providing proof of this breach of duty will be imperative.

Let Legal Expert review your case to see if you could be eligible to begin a claim.

Five Guys Menu And Allergen Information

For reference, we’ve indicated some of the items available on the Five Guys menu when this article was written. Please bear in mind that items can change, especially in light of the COVID-19 restrictions, so some items might not be available at all Five Guys restaurants.

Burgers

  • Hamburger.
  • Bacon Cheeseburger.
  • Cheeseburger
  • Bacon Burger.
  • Little Bacon Cheeseburger.
  • Little Hamburger.
  • Little Cheeseburger.
  • Little Bacon Burger.

Dogs

  • All Beef Hot Dog.
  • Bacon Cheese Dog.
  • Cheese Dog.
  • Bacon Dog.

Sandwiches

  • Cheese Veggie Sandwich.
  • Veggie Sandwich.
  • BLT.
  • Grilled Cheese.

Toppings

  • Mayo.
  • Pickles, Tomatoes or Lettuce.
  • Grilled Onions.
  • Grilled Mushrooms.
  • Ketchup or Mustard.
  • Relish Onions.
  • Jalapeño Peppers.
  • Green Peppers.
  • HP Sauce, BBQ Sauce or Hot Sauce.

Fries

  • Fresh cut potatoes cooked in 100% peanut oil.
  • Five Guys Style.
  • Cajun Style.

Dessert Shakes

  • Strawberry Cheesecake.
  • Millionaire Shortbread.
  • Banoffee Pie.

Whatever meal or drink caused you to suffer an allergic reaction, we could help you claim compensation if it was caused by the company’s negligence and you can prove their failings. Please tell us what happened and we’ll check if you’re able to claim.

Compensation For An Allergic Reaction At Five Guys Caused By Negligence

The part of your compensation that addresses the level of your pain and suffering is called general damages. It can vary in value depending on factors such as the length of your recovery period and the extent of the illness or injury you have experienced.

If you are eating at a burger establishment such as Five Guys, an allergen menu should be available for health and safety reasons. If there is no menu available, then you should be able to find out this information in another way – such as by asking the employees at Five Guys. A peanut allergy, for example, could be triggered if someone who was allergic ate an item on the menu they were unaware contained peanuts.

When legal professionals are calculating how much a general damages payment should be worth, they have a few different sources they can use to assist them in the process. The Judicial College Guidelines (JCG) is one of these materials. We have included some excerpts from the latest edition of the JCG (2022) in the table below. It’s important to keep in mind that the figures shown are only to be used as guidelines.

 

Edit
Claim Severity Compensation Estimate Additional Comments
Illness / Allergic Reaction Severe £38,430 to £52,500 A severe reaction will require some weeks in hospital and a long recovery time. There could be long-term or a permanent effect on the victims ability to work and enjoy lige.
Illness / Allergic Reaction Serious £9,540 to £19,200 An allergic reaction that’s relatively short-lived but suffering is serious. A hospital stay is likely but symptoms will diminish once treatment has been completed.
Illness / Allergic Reaction Moderate £3,950 to £9,540 Some of the symptoms of this type of allergic reaction could hang around for up to a year. However, most symptoms will clear up after a short stay in hospital.
Illness / Allergic Reaction Minor Up to £3,950 This type of allergic reaction has the most minor symptoms like hives which usually clear up in days or weeks.

 

Understandably, to achieve the correct level of compensation, you need to provide medical evidence to show how severe your allergic reaction was. Therefore, during the claims process, your solicitor will book you in for a local medical assessment. The specialist will examine any remaining physical symptoms, ask questions about how you’ve been affected and review your medical notes. Following on from your appointment, they’ll write a report that contains all of the relevant details and forward it on to your solicitor.

What Special Damages Could I Claim?

As well as claiming for the pain and suffering caused by your injuries, your solicitor could also make a claim for any expenses you’ve incurred because of your allergic reaction. This is called a special damages claim. What you can ask for varies from case to case but you could include travel expenses, medical costs, care costs, lost income and future lost income as well.

To support your claim, we’d advise holding on to receipts, wage slips and benefits statements that show the exact costs you incurred.

How To Make An Allergic Reaction Damages Claim

If you’re thinking about letting Legal Expert help you begin a claim, here’s a bit more information regarding how we could help.

  • You can start your claim any time of the day, 7-days a week.
  • The advice provided by our team is free, regardless of whether you begin a claim.
  • Should you choose Legal Expert, you’ll be connected with one of our solicitors who’ve got decades of experience handling personal injury claims.
  • Throughout the claim, your solicitor will be available to explain any legal jargon and answer any questions you might have.
  • Our solicitors always aim to get you the highest amount of compensation possible in your case.

If you would like to know anything else about starting a claim for an allergic reaction after eating at Five Guys, please contact the team today.

No Win No Fee Allergic Reaction After Eating In Five Guys Claims

You might worry about the costs involved with suing a national chain of restaurants like Five Guys. We realise that’s the case for many people, so our team of solicitors allow claimants to use a No Win No Fee agreement to fund any case they agree to take on. Not only will claiming in this way lower your financial risk, but it’ll also make the whole process a lot less stressful too.

In the first instance, your solicitor will need to take a look at the viability of your claim. If they believe they could successfully claim on your behalf, you’ll receive a Conditional Fee Agreement (CFA). The CFA reduces your financial risk because:

  • You won’t pay any of your solicitor’s fees should the claim fail.
  • There are no upfront payments required for the case to begin.
  • There will be no solicitor’s fees requested while the claim is being processed.

The CFA will explain that, if your case is won and compensation is paid, a small portion of your compensation will be used to cover a success fee. This is what’s used to cover the solicitor’s work and expenses. As the success fee is detailed in the CFA, there won’t be any surprises when the claim is finalised. Also, success fees are limited by law.

If you’d like to know if your claim is possible using a No Win No Fee solution, please get in contact with us today.

Speak To Us About A Food Allergy In Five Guys

We hope that now you’ve read most of our guide, you want to know how you can get in contact with us to start your claim. If that’s the case, here are the best methods of getting in touch:

Our advisors are trained to make the start of your claim as easy as possible. They’ll start by reviewing what happened to cause your allergic reaction. Then they’ll take a look at any evidence you’re able to provide. If they suspect your claim has a reasonable chance of success, you’ll be referred to one of our personal injury lawyers who’ll offer a No Win No Fee service if they accept your claim.

Quick Links

If you’re thinking of claiming for an allergic reaction after eating at Five Guys, we hope this article has helped you understand your options. In this last part of the guide, we’ve linked to some more useful resources below. Should you need any additional information, please feel free to get in touch.

Care And Medication For Anaphylaxis – Advice on setting up a care plan for those at risk of anaphylactic shock.

Allergy Alerts – A list of recent food product recalls that are often due to unlisted allergens.

Treating Coeliac Disease – An NHS article describing treatment options for coeliac disease.

COVID-19 PPE Claims – Information for staff who’ve contracted COVID-19 at work due to a lack of protective equipment.

Medication Allergic Reactions – Guidance on claiming for an allergic reaction after receiving the incorrect medication.

Restaurant Accident Claims – Details about personal injury claims that can be made following an accident in a restaurant.

Other Guides You Can Check Out

 

Guide by Hambridge

Edited by Billing