Caribbean Restaurant Allergic Reaction Claims Guide

Whether you’re visiting a restaurant for the first time or having food from your favourite takeaway, if you have food allergies, you may have to be wary of what you order. But what happens if you take all reasonable steps to protect yourself from consuming allergens you react to, but you still have an allergic reaction after eating at a Caribbean restaurant or takeaway? If it is due to the restaurant’s failure to provide you with the correct information surrounding allergens present in the foods you’re ordering on the menu, or the restaurant or takeaway has ignored your request to leave ingredients out of your meal, you may be able to make a personal injury claim against them for the harm you’ve suffered.

This guide has been put together to help anyone who has suffered an allergic reaction after eating at a Caribbean restaurant due to the restaurant’s negligence in their duty of care towards customers with allergies. In it, we explain what allergens could be present in Jamaican food, Cuban food and other Caribbean foods, as well as offering information on the signs and symptoms of an allergic reaction. We also explain further about a restaurant’s duty of care towards customers, and how we could help you make a personal injury claim if you’ve been harmed by a restaurant’s negligence. If you’re ready to begin a claim right away or have questions about anything contained within this guide, please call our expert advisors on 0800 073 8804.

Select A Section

• A Guide To Claims For An Allergic Reaction After Eating At A Caribbean Restaurant
• What Is An Allergic Reaction After Eating At A Caribbean Restaurant?
• What Are The Most Common Triggers Of Allergic Reactions To Foods?
• The Top Caribbean Restaurants And Dishes In The UK
• Rates And Statistics Of Allergies In The UK
• Requesting That Allergens And Ingredients Be Left Out?
• Regulations On Protecting Restaurant Diners From Allergens
• How To Inform The Restaurant About Your Allergy
• Restaurant Allergy Damages Calculator
• No Win No Fee Claims For An Allergic Reaction After Eating At A Caribbean Restaurant
• Talking To Us About Your Caribbean Restaurant Allergy Claims
• Helpful Information

A Guide To Claims For An Allergic Reaction After Eating At A Caribbean Restaurant

Allergic reaction after eating at Caribbean restaurant claims guide

This guide aims to provide those who have suffered an allergic reaction after eating at a Caribbean restaurant or from a takeaway, advice on making personal injury claims for such incidents but only if they are caused through negligence and a breach in the duty of care. In order to make a claim of this type, you would have to not only prove that the restaurant had been negligent in their duty of care towards you as a customer, but you would also have to prove that their breach of duty was what caused you to suffer harm. You’d also have to launch legal action before the personal injury claims time limit for your claim was up. This could be difficult to do, which is why many claimants turn to a personal injury lawyer for assistance. While it isn’t a requirement by law for you to use a solicitor, many claimants prefer to go down this route as it means the lawyer would deal with all the complex legal issues of a case while the claimant could then concentrate on their recovery. A lawyer could also ensure that a claimant didn’t miss out on any of the compensation they could be eligible for.

This guide not only provides insight into how to get help with a personal injury claim for an allergic reaction, but it also looks at the types of situation that could lead to a claim. We have also included some insight into the types of allergic reactions you could experience, and how much compensation you could claim. If you’re unsure of whether you could be eligible to make a claim, or you’d like us to provide you with a solicitor to help you, you can call us for advice and support at any time.

What Is An Allergic Reaction After Eating At A Caribbean Restaurant?

An allergic reaction could happen if you consume an ingredient you are allergic to. This could be a specific ingredient such as peanuts or eggs, or it could be a group of ingredients such as certain classes of vegetables, or dairy products. When you consume something you are allergic to, the body mistakes it as a threat and the resulting immune system response is what caused the symptoms of an allergic reaction.

You may suffer from an IgE-mediated food allergy or a non-IgE-mediated food allergy. Some people may even suffer from mixed IgE and non-IgE-mediated food allergies. The symptoms of each are described below:

Non-IgE

Symptoms of Non-IgE reactions could include:

• Vomiting (where no diarrhoea is present)
• Cracked, red and dry skin
• Constipation

IgE-Mediated

Symptoms could include:

• Hives
• Body, mouth or facial swelling
• Trouble with swallowing
• Nausea
• Swelling in the throat
• Wheezing
• Dizziness

Treatments for an allergic reaction could include antihistamines and/or steroids, but some allergic reactions do not require any treatment at all as symptoms could dissipate on their own.

What Are Severe And Anaphylactic Reactions?

Anaphylaxis is a severe allergic reaction that could be life-threatening. It requires urgent medical treatment. Some of the symptoms of anaphylaxis include:

• Quick heartbeat
• Throat constriction
• Collapsing
• Trouble breathing
• Dizziness
• Fainting
• Hives
• Swelling of the mouth
• Vomiting

Some people who are known to have severe allergies carry an epi-pen or autoinjector to treat symptoms of an allergic reaction quickly while they wait for further medical treatment.

What Are The Most Common Triggers Of Allergic Reactions To Foods?

When it comes to foods from Cuba or Jamaica and food allergies, it would not necessarily be the dishes themselves that you’re allergic to. You are more likely to be allergic to one or some of the ingredients contained within those dishes. While you could effectively have a hypersensitivity to any number of foods, the most common causes of allergic reactions include:

• Tree nuts
• Eggs
• Cereals that contain gluten
• Lupin
• Milk
• Mustard
• Fish
• Celery
• Molluscs
• Soybeans
• Sulphites/Sulphur dioxide
• Peanuts
• Sesame
• Crustaceans

If you aren’t sure what you’re allergic to, you may have to go for allergy testing to determine what allergens you react to. This way, you would know what to avoid to reduce your chances of having an allergic reaction after eating at a restaurant.

Does Jamaican Food Use Nuts?

If you’re wondering what allergens could lead to you having an allergic reaction after eating at a Caribbean restaurant or from a takeaway, it could be a good idea to research the types of food that are on offer there. To give you an idea of the types of allergens present in some dishes, we’ve included a list of examples of common ingredients used in Caribbean cooking:

• Nuts (particularly almonds) and nut oil
• Seeds
• Coconut
• Shellfish
• Fish
• Nutmeg
• Garlic
• Ginger
• Cloves
• Garlic
• Peppers
• Soybeans

If you are unsure as to what allergens are present in dishes from a Caribbean restaurant or takeaway, it would be best for you to ask the serving staff, check the menu or website or request that your food is prepared without certain allergens being present.

The Top Caribbean Restaurants And Dishes In The UK

If you’re looking to go to a Caribbean restaurant, you may wish to try one of the below top-rated Caribbean restaurants in the UK:

• Turtle Bay UK – for Turtle Bay locations near you, you might wish to check the website.
• Cottons Restaurants
• Spiced Roots Restaurant – Oxford
• Caribé Restaurant & Bar – Nottingham
• Pollo Tropical

The UK’s Favourite Caribbean Dishes

If you aren’t sure what to order, you might want to consider some of the most popular Caribbean dishes, as per the list below. However, we’d advise you to ask the serving staff or consult the menu if you have allergies so that you could avoid having an allergic reaction after eating at a Caribbean restaurant.

• Flying fish & Cou Cou
• Jerk
• Pepperpot Stew
• Roti
• Plantain
• Breadfruit
• Rice and Peas
• Callaloo
• Rum Punch

Rates And Statistics Of Allergies In The UK

According to Allergy UK, there are a huge number of people in the UK with some kind of allergy. Their statistics reveal that:

• 20% of the UK population have at least one allergy
• In the UK, between 1992 and 2012, there was a rise of 615% in hospital admissions for anaphylaxis
• 3-6% of children in the developed world are affected by allergies
• 1% of breast-fed infants have a food allergy

Requesting That Allergens And Ingredients Be Left Out?

If you are known to have a food allergy, you could take various steps to avoid having an allergic reaction. You may have checked the menu to see what allergens are contained in dishes, or you may have asked the server to recommend dishes without allergens contained in them. However, if there is something on the menu that you would like to try, but it has allergens in it, you could request that the dish is prepared without such an ingredient. Government guidelines state that if a restaurant could comply with such a request, then they should do so.

There may, however, be dishes that cannot be amended in this way. If this is the case, the restaurant should inform you that they cannot leave out that ingredient, so you could choose another dish from the menu.

What Might Happen If Staff Did Not Leave Out These Ingredients?

If you request that an ingredient is left out of a meal and the staff agree to do so, you may assume that the food is safe to eat. However, if the staff ignore your request and include the allergen in your food, you could suffer an allergic reaction. In these cases, you may be able to claim compensation for your reaction, as the restaurant could be considered negligent.

Regulations On Protecting Restaurant Diners From Allergens

Allergy sufferers in the UK are protected by both civil and criminal laws. Some of these include:

The Food Safety Act 1990 (Section 14 & 15) – Covering false presentation/description of food, and food that is not of the quality, nature or substance required.

EC Regulation 178/2002  Covering the accuracy of the information that consumers are provided about their food.

The Consumer Rights Act 2015 –  Protect consumers from loss, damage or injury caused by mis-sold or defective products.

There are certain rules that food service providers should follow regarding what allergen information must be given to consumers too. You should be able to obtain such information on request from restaurant staff.

All these laws and rules have been put in place to protect consumers. If you’ve suffered an allergic reaction after eating from a Caribbean takeaway, or at a Caribbean restaurant, why not call our team to see if you could be eligible for compensation. If we believe you could have a case, we could provide you with a solicitor to help you get the compensation your case deserves. You may also be able to claim on behalf of a child who has suffered an allergic reaction after eating at a Caribbean restaurant if the restaurant’s negligence has led to their reaction. You could do so by acting as their litigation friend.

Information Which Must Be Provided To Diners About Allergens

By law, you should be advised if there are any of the following allergens in your food:

• Crustaceans
• Sesame
• Celery
• Fish
• Peanuts
• Sulphites or Sulphur dioxide
• Lupin
• Cereals containing gluten
• Soybeans
• Molluscs
• Mustard
• Milk
• Eggs
• Tree nuts

How To Inform The Restaurant About Your Allergy

Here at Legal Expert, we would always advise those with known food allergies or food intolerances to advise a restaurant or a takeaway of their allergies so that they could receive the most up-to-date allergy information available. This is so you can ensure you are taking all possible steps to protect yourself from an allergic reaction. However, not informing a restaurant of your allergies doesn’t preclude you from making a claim for an allergic reaction.

If, for example, the Caribbean restaurant or takeaway’s allergen information on the menu was incorrect, and an allergen that was legally required to be communicated to customers was left off, and you suffered an allergic reaction because of this, you may still be able to claim compensation. As per the section below, the restaurant has a legal obligation to provide you with information on certain allergens. If they have failed to do so, then they could be held liable for the harm you’ve suffered due to their breach of the law.

Restaurant Allergy Damages Calculator

Some people may look for a personal injury claims calculator to give them an idea of the level of compensation they could receive for a food allergy in a Caribbean restaurant. We have not included such a tool on this page. While these tools may give you a very rough approximation of a compensation payout, they simply aren’t able to assess your case based on its own unique circumstances and facts, which is how compensation payouts are usually decided.

What we have done, however, is produced a table based on figures from the Judicial College Guidelines. This is a publication that is updated each year and gives guidelines payout amounts for specific injuries. This publication could be used by solicitors to arrive at an appropriate value for your claim.

What Is A Special Damages Award?

Your compensation payout might also include special damages. These are meant to compensate you for the expenses you’ve incurred due to your allergic reaction. They could include, but aren’t necessarily limited to:

• Wage losses
• Care costs
• Medical costs
• Travel costs

It is vital that you have proof of any special damages you are looking to claim for. Therefore, it would be a good idea to keep aside any bank statements, receipts, payslips and bills to one side so you could provide them to your solicitor when the time comes.

No Win No Fee Claims For An Allergic Reaction After Eating At A Caribbean Restaurant

If you’re thinking of claiming for an allergic reaction after eating at a Caribbean restaurant, you may be under the misapprehension that you’d have to pay your solicitor upfront. This isn’t the case with No Win No Fee claims. Instead, you’d sign a Conditional Fee Agreement before your claim began. This is a document that would promise your chosen solicitor a success fee if they managed to get you a compensation payout. This success fee is legally capped and is usually based on a percentage of the compensation payout awarded. It is only payable in the event that your claim is successful. If your solicitor doesn’t get you any compensation, you wouldn’t pay this fee or cover any of the costs that were incurred by your solicitor while they were fighting your claim.

We believe that claiming under No Win No Fee terms gives claimants the opportunity to access quality legal help no matter what their current financial position. If you have any questions about claiming in this way, or you’d like us to provide you with a solicitor that works on this basis, we’d be delighted to help you.

Talking To Us About Your Caribbean Restaurant Allergy Claims

If you’ve had an allergic reaction after eating at a Caribbean restaurant, or from a takeaway, you may want to speak to our team to see if you could claim compensation. Or, you might already be aware you could be eligible for compensation, and are looking for a personal injury solicitor that could help you make such a claim. Either way, we’re here to help. From answering your questions to providing you with a solicitor, there are several ways to get in touch with our team of expert advisors. You could:

• Call 0800 073 8804
• E-mail info@legalexpert.co.uk
• Use the Live Chat messenger.
• Or, complete our contact form.

Helpful Information

Suing Restaurants For Allergic Reactions – Here, we offer further information on suing restaurants in the UK for allergic reactions.

Food Allergy Solicitors – This page explains the benefits of using a personal injury solicitor for a food allergy claim.

Claiming For A Peanut Allergy – Here, you can find out more information about how to deal with an allergic reaction to peanuts due to a restaurant’s negligence.

Allergy Court Cases – This page on the government’s website offers an overview of some court cases relating to allergies.

Food Allergy Treatments – This page, from the NHS website, offers some insight into how some allergies could be treated.

Allergies In Children – A parent’s guide to dealing with allergies in children can be found here.

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Written By Jefferies

Edited By Melissa.