Allergic Reaction After Eating At Wimpy – Can I Claim Compensation?

If you’ve had an allergic reaction after eating at Wimpy, you may have suffered a range of unpleasant, even life-threatening symptoms. Sadly, there are many people in the UK that suffer from food allergies and intolerances, and they usually have to take care to ensure they avoid certain allergens in their foods to avoid triggering a reaction. 

When ordering at a restaurant, you may have checked the Wimpy menu so as to avoid dishes with allergens contained within them. Or, you may have checked with the serving staff about whether an allergen could be left out when your meal is prepared. If, however, the Wimpy allergen menu is inaccurate, or the server ignores a request to leave an allergen out of a meal, this could lead to someone suffering an allergic reaction to Wimpy that is not their fault.

If negligence on the part of Wimpy or its staff has led to such a reaction, they could be held liable in a personal injury claim if it can be shown the restaurant breached its duty of care. This guide covers information on why people may make personal injury claims of this type, as well as how Legal Expert could help you begin a claim if you’ve suffered a food allergy at Wimpy. 

If you’re already ready to make a claim, or you’d like to speak to one of our expert advisers for free advice or a free, no-obligation case check, you can reach us at any time on 0800 073 8804.

Select A Section

• A Guide To Claims For An Allergic Reaction After Eating At Wimpy
• What Is Wimpy Restaurant Food Allergy?
• Examples Of Foods Triggering Allergic Reactions
• Rates Of Food Intolerances And Allergies
• I Requested One Of These Allergens Was Left Out
• My Request For An Allergen To Be Left Out Was Ignored
• How Consumer Rights Protect Restaurant Customers
• I Did Not Inform The Restaurant Of My Allergy, Could I Claim Damages?
• Wimpy Nutritional Information And Menu
• How To Calculate Compensation For Allergic Reactions After Eating At Wimpy
• How Special Damages Also Compensate You
• How A Personal Injury Claim Solicitor Could Help You
• No Win No Fee Claims For An Allergic Reaction After Eating At Wimpy
• Start Your Allergy Or Intolerance Claim
• Resources

A Guide To Claims For An Allergic Reaction After Eating At Wimpy

If you have a food allergy, and you are aware of what triggers it, you would usually try to avoid foods that result in an allergic reaction. But what if, despite your efforts, Wimpy provides you with incorrect Wimpy nutritional information and you unknowingly consume foods that contain ingredients you’re allergic to? 

Restaurants and food service providers have a duty of care towards their customers.  If they are negligent in providing the correct information on the Wimpy allergy menu, or they ignore your request to have an ingredient left out of your food, causing you to suffer an allergic reaction after eating at Wimpy, a personal injury solicitor could help you claim compensation for the harm you’ve suffered due to their negligence.

This guide has been created for those that have suffered an allergic reaction to Wimpy because of their negligence. In it, we offer information regarding consumer rights of customers with food allergies and information pertaining to compensation payouts for allergy claims. We also give guidance on how to begin a claim, and why you might wish to get assistance from a personal injury lawyer when making such claims.

What Is Wimpy Restaurant Food Allergy?

There are a variety of ways in which you might suffer an allergic reaction. You may be allergic to cat hair, grass pollen, bee stings or a variety of different allergens. In this guide, we concentrate on those who may suffer a food allergy, specifically when eating Wimpy food. 

An allergic reaction to food, just like any other allergic reaction, happens when the body perceives something as a threat and the immune system launches an attack on the perceived threat. This could cause a range of symptoms, from the mildly unpleasant to those that are life-threatening.

What Are Allergies And Intolerances To Foods?

Allergies and intolerances to foods could cause a number of different symptoms. There are some reactions that are more common than others, as we reveal below:

• A Non-IgE reaction could present symptoms hours or even days after food with allergens in is consumed. Symptoms may include vomiting (without diarrhoea), cramps in the stomach, dry, cracking, red or itchy skin, and constipation.
• An IgE-mediated reaction could come on more quickly than a non-IgE reaction. Symptoms may include wheezing, vomiting, faintness, difficulty swallowing, hay fever symptoms, itching or tingling feelings in the mouth, swelling of the body, face, mouth or throat, vomiting, nausea and hives.
• Anaphylaxis is a severe, sometimes life-threatening reaction, which could include any of the IgE-mediated symptoms, along with collapsing, a rapid heartbeat, clamminess, trouble breathing, faintness, confusion, anxiety, and wheezing. If you suspect someone might be suffering from anaphylaxis, it is wise to get urgent medical attention.

If an allergic reaction after eating at Wimpy has led to you suffering any of these symptoms, and it can be proven that the restaurant was negligent in advising you of what allergens are contained in its foods, you could make a personal injury claim for compensation.

Examples Of Foods Triggering Allergic Reactions

An allergic reaction after eating at Wimpy could occur from ingesting a variety of different ingredients. Some of the most common allergies are listed below:

• Nut allergy
• Egg allergy
• Milk allergy
• Dairy allergy
• Wheat allergy
• Soy allergy
• Fruit allergy
• Cereal allergy
• Gluten allergy
• Celery allergy
• Seafood allergy
• Fish allergy
• Lupin allergy
• Mustard allergy
• Shellfish allergy
• Sulphur dioxide allergy

If you think you may be allergic to certain foods, it might be worth investigating allergy testing to see if you could get a definitive answer on what you are allergic to. This way you could avoid suffering an allergic reaction by not consuming known allergens.

Rates Of Food Intolerances And Allergies

Allergy UK has produced statistics about the frequency of allergies in the UK. Here are some of their findings.

• Approximately one-fifth of the UK population reacts to one or more allergens
• 44% of Britain’s adults are allergic to something
• Almost half of these are allergic to more than one thing
• In the period 1992-2012, a 615% rise in anaphylaxis hospital admissions was recorded
• More than 20,000 hospital admissions for allergies were recorded in 2014

I Requested One Of These Allergens Was Left Out

Have you ordered food from Wimpy and have asked for an allergen to be left out of your food when it is being prepared? If you request such an amendment to your meal, the staff should try and comply with your request. If they are unable to leave an ingredient out, then they should make you aware that they can’t comply with it so that you could have the option to choose something else. 

Some of the amendments you could request include:

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

My Request For An Allergen To Be Left Out Was Ignored

If you choose to order an item from the Wimpy allergy menu and request that an ingredient is left out of your meal, and staff do not advise that they cannot comply with it or they ignore your request, this could cause you to suffer an allergic reaction after eating at Wimpy that could have been avoided. 

If you can supply evidence that shows the restaurant breached its duty of care, this kind of situation could lead to you being able to make a claim for compensation because the staff could be considered negligent in not complying with your request. An allergy to Wimpy UK food claim could be made if, for example, staff have failed to comply with your request for:

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

How Negligence Could Lead To You Being Exposed To An Allergen

A restaurant could be considered negligent in exposing you to an allergen if they:

• Have not complied with a specific request for an item to be left out of your food and did not tell you that it’s something they couldn’t uphold
• Have not informed you that they are unable to comply with a specific request for something to be left out of your food
• Have not included accurate information on the menu, printed materials or the website of what allergens are contained within their foods
• Have prepared your food that has been cross-contaminated with an allergen that you had specifically asked to be left out of your food and not warned you of the potential for cross-contamination

How Consumer Rights Protect Restaurant Customers

Consumers have certain protections when it comes to purchasing foods from restaurants. The Consumer Rights Act 2015 states that any loss, damage or injury caused by defective products or products that had been mis-sold to consumers could lead to the seller being held liable for the resulting damage, injury or loss. This could include products that are ‘not as described’. Therefore, if a restaurant has:

• Sold you food negligently, by knowing of your allergies but selling you food with allergens in
• Failed to warn you of allergens contained in their foods, via their menu, printed materials or website
• Cross contaminated your food with an allergen you’d asked to be left out

They could be held liable if you chose to make a claim against them for an allergic reaction after eating at Wimpy. Supplying evidence of what happened is key. This could come in the form of witness evidence or a receipt that shows the request made.

Restaurant Allergy Warning Information Failures

When it comes to the failure to warn customers of allergens contained within foods served at Wimpy, this could take several forms. Wimpy may have included inaccurate information on their website, menu, or other printed materials, or you may have specifically asked a server for allergen information on what allergens are included in their dishes. If they have given you incomplete or inaccurate information and you suffer an allergic reaction after eating at Wimpy due to the misinformation given to you, you may be able to claim against them if you can prove that the outlet failed in this manner.

I Did Not Inform The Restaurant Of My Allergy, Could I Claim Damages?

Not informing Wimpy of your allergies doesn’t mean you couldn’t make a claim for a food allergy at Wimpy. If they have failed to adequately warn customers of certain allergens contained in their foods on the menu, website or via their servers, they could be held liable if a customer suffers an allergic reaction after eating at Wimpy.

The list of allergens that should be subject to a restaurant allergy warning should include:

• Sulphur dioxide/Sulphites
• Soybeans
• Sesame
• Peanuts
• Nuts
• Mustard
• Molluscs
• Milk/lactose
• Lupin
• Fish
• Eggs
• Crustaceans
• Cereals containing gluten
• Celery/celeriac

Wimpy Nutritional Information And Menu

Below, we have included Wimpy restaurant items that could be ordered from the menu. While the list is correct at the time of posting, it could be subject to change, so we would strongly advise that you check the website or menu or ask servers if there are any allergens in your food, particularly if you suffer badly with nut allergies, dairy allergies or anything else.

Single Burgers

• Wimpy Cheese Burger
• The Original Wimpy Quarter Pounder with Cheese
• Wimpy Hamburger
• Fish Finger Burger
• Spicy Southern Fried Quorn
• Smoky BBQ Burger
• Gourmet Chicken Burger
• Bender In A Bun With Cheese
• Quarter Pounder Mushroom
• Wimpy Spicy Bean Burger
• Quarter Pounder Bacon & Cheese
• Breaded Chicken Fillet

Big Fillers

• Spicy Bean & Slaw
• Double Wimpy Cheese Burger
• Wimpy Kingsize
• Mega Wimpy Burger
• The Original Halfpounder
• Half pounder Bacon & Cheese
• Wimpy Quarter pounder Club

Grills

• International Grill
• Wimpy Grill
• All-Day Breakfast
• Sausage, Egg & Chips

Fish Plates

• Cod & Chips

Chicken Plates

• Gourmet Chicken Platter

Extras

• Cheeso Rings
• Onion Rings
• Pork Wimpy Bender
• Bacon
• Mozzarella Melts
• Chicken Strips
• Cheese Slice
• Quarterpounder Patty
• Wimpy Special Sauce
• Wimpy Ketchup
• Wimpy Mayo
• BBQ
• Firecracker
• Sweet Potato Chips
• Chips
• Sausage Patty
• Breakfast Sausage
• Free Range Fried Egg

Whether you suffer wheat allergies and wish to ask Wimpy what gluten-free meals they could serve you, or want to check the menu or website to find out whether there’s a Wimpy Quorn Burger for a vegan customer that is allergic to cheese, it is your right to request allergen information for items on the menu. 

If you suffer an allergic reaction after eating at Wimpy because the information you’ve been provided isn’t accurate, you could claim compensation for the symptoms you’ve suffered as well as any costs associated with your reaction, provided the failings of the restaurant can be evidenced.

How To Calculate Compensation For Allergic Reactions After Eating At Wimpy

Calculating compensation for personal injury claims could be complex. Not only would you have to have a checkup with an independent medical expert so that accurate medical information on your condition and prognosis could be verified, but you’d also have your case assessed on its own unique facts. For example, while some people may suffer severe physical symptoms after an allergic reaction to Wimpy that require hospital treatment, but lead to a full recovery, others might be affected on a long-term basis, and it could affect their ability to work, or could affect their mental health.

This is why the figures produced by a personal injury claims calculator would never be completely accurate, and we have chosen not to include such a tool on this page. What we have done instead is collate some figures from a publication called the Judicial College Guidelines. The table we have created pertains to injuries that could be suffered in an allergic reaction after eating at Wimpy. The guidelines provide guidance to the courts and lawyers when calculating appropriate compensation settlements for a range of injuries.

How Special Damages Also Compensate You

Whether you are claiming on behalf of someone who has suffered a restaurant allergy death, or you’re claiming for your own allergic reaction after eating at Wimpy, you may be surprised to learn that you could be compensated for more than just the physical and mental suffering caused by the reaction. You could claim for expenses that have been incurred due to the reaction too. These could include:

• Funeral costs – if you’re claiming as someone who has lost someone they loved due to a fatal allergy, you may be able to claim funeral costs for that person’s funeral
• Care costs – if an allergic reaction has led to someone needing care at home with daily tasks, these costs could be included as part of a claim
• Loss of income – if time off work in recovery has led to a drop in wages, these losses could be claimed for too. If a claimant is unable to return to work in the future due to their injuries, future loss of earnings may also be considered
• Medical expenses – claiming for costs such as counselling after an allergic reaction to Wimpy food, or for prescription medicines may also be possible
• Travel expenses – if you’ve had to pay for a trip to visit your lawyer, or to attend doctors/hospital appointments, you may also be able to include these costs within your claim

If you’re not sure whether a cost could be included in your food allergy at Wimpy claim, please do not hesitate to contact us. We’d be happy to talk through which costs could be claimed for. You must, however, have proof of any costs you’re considering claiming for, such as bank statements, receipts, or payslips, in order to include them within your claim.

How A Personal Injury Claim Solicitor Could Help You

You could go ahead with a claim for an allergic reaction after eating at Wimpy without legal support, but you would have to prove that:

• Wimpy had a duty of care towards you
• They breached that duty in providing you incorrect allergy information, or leaving items out of your food or cross-contaminating your dishes
• You suffered an allergic reaction due to their breach

This in itself could be somewhat complicated, and you’d also have to do so within the personal injury claims time limit that applied to your claim too.

This is why many claimants opt for legal support when making a claim. Not only could a solicitor help take on the leg work of putting together a strong case that Wimpy could find hard to refute, but they could also fight for the maximum compensation possible, ensuring you don’t miss out on any compensation you are eligible for.

Here at Legal Expert, we could provide you with such a lawyer if we believe you have a case for compensation. When you call us, our friendly expert team will offer you a free, no-obligation eligibility check, as well as answering any questions you might have about the claims process. If we believe we could help you get compensation, we could then provide you with a Legal Expert lawyer on a No Win No Fee basis, to help you get the compensation you deserve.

No Win No Fee Claims For An Allergic Reaction After Eating At Wimpy

If you’re not sure how No Win No Fee claims work, you would not be alone. They provide a great option for claimants in any financial situation to be able to claim without having to pay out of their own pocket to get the process started.

These types of claims require no payment upfront, or throughout the claims process. Instead, you’d be asked to sign a Conditional Fee Agreement. This is a document that would provide details of how much you’d pay your lawyer as a small success fee if they were able to get you a compensation payout.

If for some reason no compensation could be negotiated, you wouldn’t have to pay the solicitor the success fee. You would not be asked to cover their costs incurred while fighting your claim either.

Start Your Allergy Or Intolerance Claim

Ready to begin a claim for an allergic reaction after eating at Wimpy? Or, do you have questions about your eligibility or the claims process? Whatever you need, we’re here to help.

• Call us any time on 0800 073 8804
• Or, email info@legalexpert.co.uk for support.
• If you’d like, you could even fill in the contact form, or use the live chat service to message our team

However you prefer to get in touch, we’re ready to talk to you.

Resources

Allergy Advice For Consumers – You can find out more about your rights as an allergy sufferer here.

Coeliacs Advice – Further information on coeliac rights can be found via this link.

Living With An Allergy– Advice from the NHS on living with an allergy can be found here.

Gluten Allergy Injury Claims– We cover wheat allergy claims in detail in this guide.

Your Questions Answered – This page includes frequently asked questions about allergy claims.

Claiming For Nut Allergies – Advice on making a nut allergy claim could be found here.

Other Guides Available To Check Out

• The Ministry of Defence Accident At Work Claims Guide
• How To Make Faulty Gardening Equipment Claims
• Allergic Reaction After Eating At All Bar One – Can I Claim?
• Lloyds Pharmacy Personal Injury Claims Guide
• Stena Line Ferries Personal Injury Claims Guide
• Best Western Hotel Accident Claims Guide
• P&O Ferries Personal Injury Claims Guide
• Allergic Reaction After Eating At Beefeater Grill – Can I Claim?
• Quality Save Store Accident Claims Guide

Guide by Jeffries

Edited by Billing