Italian Restaurant Allergic Reaction Claims Guide

You may experience an allergic reaction after eating at an Italian restaurant which could be triggered by several things. It could be an IgE-mediated food allergy, a non-IgE-mediated food allergy, or some other allergy that caused the problem. Whatever the allergic reaction you had eating Italian food, you could be entitled to compensation if the restaurant breached its duty of care.

Allergic reaction after eating at Italian restaurant claims guide

We have put together a guide to claiming compensation for an allergic reaction after eating at an Italian restaurant which provides essential reading on what proof is required to support a claim. We explain how one of our No Win No Fee solicitors could assess your case by offering an initial, no obligation, free consultation. The guide also offers an idea of how much personal injury compensation you could be awarded in a successful Italian restaurant allergy claim against a responsible party.

For more information on how to go about claiming compensation if you had an allergic reaction after eating at an Italian restaurant, please continue reading our guide by clicking on the sections below.

Alternatively, if you believe you are ready to begin a claim, please speak to one of our advisers on 0800 073 8804 today.

Select a Section

• A Guide To Claims For An Allergic Reaction After Eating At An Italian Restaurant
• What Is An Italian Restaurant Allergy?
• What Could Most Commonly Trigger An Allergic Reaction To A Food?
• Top Italian Restaurants And Popular Dishes
• Rates Of Allergies Suffered In The UK
• Requesting That Ingredients Are Not Served
• Your Rights When You Are Dining In Or Taking Out
• How To Tell Restaurant Staff You Have An Allergy
• Italian Restaurant Allergic Reaction Damages Calculator
• No Win No Fee Claims For An Allergic Reaction After Eating At An Italian Restaurant
• Speaking To Members Of Our Team
• Useful Guidance And Information

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

The number of people in the UK who suffer from some type of allergy is estimated to be in the region of 40%. If you have a food allergy, knowing what the triggers are is all important, especially when eating out. This guide offers sound advice on what you can do if you experience an allergic reaction after eating Italian food in a restaurant. 

We cover the type of evidence you would need to provide to prove someone else was to blame for the pain and suffering the allergic reaction caused. We explain what out of pocket expenses you could be entitled to include in a personal injury claim against the party responsible, too.

We also explain what the process of claiming compensation for an allergic reaction after eating at an Italian restaurant entails, and how Legal Expert can be of assistance. We provide essential information on what signing a No Win No Fee agreement entails, and how a personal injury lawyer could represent you without requesting a retainer or any ongoing fees. The guide covers the time limit to claiming compensation for an allergic reaction to Italian restaurant food and why this must be respected.

We also cover the responsibilities of restaurants towards customers and the law that protects consumers when eating out. We explain how you could be entitled to compensation if responsibilities and the law are not respected which results in you experiencing an allergic reaction after eating at an Italian restaurant.

If you have any questions or queries about making a claim against a responsible party, please speak to one of our friendly advisers today.

What Is An Italian Restaurant Allergy?

You may suffer an allergic reaction to Italian restaurant food for a number of reasons and the symptoms may be mild or a lot more serious. The most common minor symptoms of an allergic reaction are:

• Hives
• Itching
• Nasal congestion (rhinitis)
• Rash
• Scratchy throat
• Itchy or watery eyes

Should you suffer a more severe allergic reaction to Italian restaurant food, the symptoms must never be ignored because it could be life-threatening.

Serious And Severe Anaphylactic Reactions

As previously touched upon, if you experience a severe allergic reaction to Italian restaurant food, it could mean that you develop anaphylaxis which is a condition that requires immediate medical intervention. The symptoms associated with anaphylaxis are detailed below:

• Trouble breathing
• Swollen tongue
• Tightness of the chest
• Trouble swallowing and talking
• Dizziness/fainting
• Collapsing

If you experience any of the symptoms above when eating Italian restaurant food, you must seek medical attention as a matter of urgency. Failure to do so could prove fatal.

To speak to one of our friendly advisers today on how to claim compensation if you suffered an allergic reaction after eating Italian restaurant food, please get in touch on the number at the top of this page.

What Could Most Commonly Trigger An Allergic Reaction To A Food?

There are specific foods which are known to be allergic reaction triggers. You may find that any of the following could be the trigger if you eat Italian restaurant food:

• Eggs
• Milk
• Fruit
• Fish
• Tree nuts (almonds, hazelnuts, almonds, cashews, or Brazil nuts
• Wheat
• Vegetables
• Soy
• Cereal
• Celery
• Gluten
• Mustard
• Lupin
• Sulphur which is found in chicken, duck, ham, turkey, or meat

If you had an allergic reaction to Italian restaurant food and would like to know if you have a valid claim against a party who could be held responsible for the pain and suffering this caused you, please get in touch today.

Top Italian Restaurants And Popular Dishes

Italian food is popular in the UK with restaurants found throughout the country. Some of the top Italian restaurants include the following:

• Bella Italia
• Prezzo
• Zizzi
• Pizza Express
• Pizza Hut
• Domino’s
• Wildwood Restaurants
• Villagio Restaurants
• Fire & Stone Restaurants

The UK’s Favourite Italian Restaurant Dishes

Some of the country’s favourite Italian dishes include the following, all of which are typically available on restaurant menus:

• Spaghetti Bolognese
• Margherita Pizza
• Lasagne
• Pepperoni Pizza
• Calzone
• Bruschetta
• Tiramisu
• Pasta Al Salmone
• Caprese Salad
• Pappardelle Con Funghi

If you would like more information on how to go about making a claim following an allergic reaction to Italian restaurant food, one of our advisers is waiting to take your call.

Rates Of Allergies Suffered In The UK

Studies have established that one in four people in the UK suffers from allergies to both food and other allergens. A lot of people suffer mild symptoms if they have an allergic reaction to food but some people can experience extremely serious, life-threatening symptoms which must be treated as a matter of urgency.

The UK has the highest number of allergy sufferers in the world with around 20% of people being known to suffer from one or more allergies. Research has determined that 44% of UK adults suffer from an allergy and the numbers are rising. In one year alone, from 2008 to 2009 the number rose by 2 million, with around half suffering from more than one allergy. Over the twenty years ending in 2012, allergy sufferers who went into anaphylactic shock and therefore needed to be hospitalised rose by a staggering 600%.

The most common triggers associated with food allergies include the following:

• Dairy
• Eggs
• Nuts
• Fruit
• Shellfish
• Soy
• Wheat
• Gluten
• Cereal
• Celery

If you experienced an allergic reaction to Italian restaurant food and you believe someone else was at fault for the pain and suffering this caused you, it may entitle you to seek compensation. To find out whether you have a strong case against a responsible party, please get in touch today.

Requesting That Ingredients Are Not Served

You can ask a pub, restaurant or another food outlet that serves food to a consumer to leave out any ingredients you are allergic to. However, they are under no obligation to serve food that is safe for you to eat, but food businesses must not mislead you and ensure the information they provide is ‘truthful’. 

If a pub or other food outlet agrees to serve you a meal without an allergen and you suffer an allergic reaction to pub food, you could have grounds to seek compensation from the party responsible.

What Could Be The Effect Of Staff Not Leaving Out These Ingredients?

You may have an allergic reaction after eating at an Italian restaurant and if this is the case, you may be able to seek compensation for the suffering you were caused through no fault of your own. If staff did not let you know that specific allergens are used in the food prepared in an Italian restaurant and you suffer a food allergy as a direct result, you could make a personal injury claim against the responsible party.

Food businesses are legally obliged to let you know about any of the 14 allergens known to trigger an allergic reaction, which are detailed below:

• Milk
• Eggs
• Celery
• Cereals that are known to contain gluten
• Crustaceans/shellfish
• Fish
• Lupin
• Molluscs (oysters, mussels)
• Mustard
• Sesame
• Peanuts
• Soybeans
• Tree nuts (walnuts, almonds, hazelnuts, cashews, walnuts, Brazil nuts, pistachios, macadamia nuts, and pecans
• Sulphites and sulphur dioxide (concentration levels higher than ten parts per million)

If you know that you are allergic to any ingredients/foods which are not included in the list above, you must always ask staff for any information on what is used in the Italian dishes served in a restaurant. Should you suffer an allergic reaction and you informed the Italian restaurant of your allergies but they failed to take you seriously, the effects could be devastating and you may even go into anaphylactic shock.

Your Rights When You Are Dining In Or Taking Out

Food businesses, which include restaurants and other food outlets in the UK, are under no obligation to serve any food they do not wish to. This in short, means a restaurant does not have to serve you any food that is “safe” for you to eat. 

However, if the staff agree to serve you, UK laws and regulations must be respected, more especially that the ‘truth’ must be told and no misleading information provided. The laws include the following:

• Article 28 of EC Regulation 178/2002 (General Food Law Regulation)
• Article 14 of EC Regulation 178/2002 (General Food Law Regulation)
• Section 15 of The Food Safety Act 1990
• Section 14 of The Food Safety Act 1990

Allergy Warning Information Which Should Be Provided To Customers

UK law (Article 14 of the EC General Food Law Regulation) states that businesses selling food to consumers are obligated to ensure it is safe to eat. The law states that all ingredients must be listed and that information regarding anything that could be detrimental to a person’s health must be provided.

Other UK laws regarding food and ingredients are detailed below:

• Article 16 of the General Food Law Regulations states that anyone serving or selling food or drink to the public must ensure any information they provide is not misleading, whether this is on advertising, labelling or the presentation of foods served
• Section 14 of the Food Safety Act 1990 makes it an offence to sell foodstuffs which prejudices a purchaser/consumer, and that it is an offence to provide/sell food that is not of ‘nature’, quality or substance as ‘demanded’ by the purchaser/consumer.

Should you have been sold/served an Italian dish in a restaurant setting and you were told the food was free of any specific allergens but the dish did contain these allergens, the law would deem that the food you were served did not meet the required regulations. In short, the food was ‘not of substance’ and therefore it could give you strong grounds to pursue a claim for damages and compensation.

How To Tell Restaurant Staff You Have An Allergy

About 20 million people in the UK are known to suffer some kind of allergy whether food-related or others. Suffering from allergies can negatively impact your life and could make you wary of eating out in a restaurant. There are specific things you can do to keep yourself as safe as possible when dining out, whether in an Italian restaurant or even an Italian takeaway, which are detailed below:

• Ask staff about ingredients used in making a specific dish you would like to order
• Ask what ingredients are used to prepare a dish and how it is prepared
• Ask whether there is any chance the food could be cross contaminated
• Tell the waiter/server to note down your allergies so the chef knows about them
• Check to see if any dishes you order are allergen-free, and whether they are free from derivatives which may trigger a reaction in you
• When your food is served, make sure it is what you ordered
• Before eating the food, check with the waiter/server that it is safe for you to eat even if you already asked them the question when ordering
• If you believe your requests are being ignored, you should leave the restaurant and find another one where your requests would be taken seriously

Italian Restaurant Allergic Reaction Damages Calculator

Our guide to claiming compensation for an allergic reaction after eating at an Italian restaurant includes an idea of the amount of compensation you could be awarded in a successful claim. The amounts provided in the table below are based on the Judicial College Guidelines and cover general damages which are awarded for your pain and suffering and the detrimental impact the reaction has had on your life. The amounts do not include any special damages you could include.

If you would like a more accurate idea regarding the compensation you could be awarded in allergic reaction compensation, please speak to an adviser today.

Claiming For And Calculating Special Damages

The table above provides an idea of the general damages you may be awarded in a successful personal injury claim. However, you could also claim special damages which are awarded to claimants to compensate them for the out of pocket expenses they incurred. You could include the following expenses in your claim:

• Any medical costs which could include prescriptions and the cost of private rehabilitation/therapy
• Care costs if you need help with routine chores around the home during your recovery
• Travel costs which could include the cost of getting to and from the place you receive medical treatment, whether you travel by car, bus, train, or taxi
• Loss of earnings and any future income
• All other expenses linked to the allergic reaction you suffered when eating Italian food

To claim these special damages, you must provide proof of your expenditure and losses in the form of receipts and other relevant documentation.

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

At Legal Expert, we provide an initial consultation which is free of charge. This allows us to establish whether you have a strong claim against a responsible party. Once this has been determined, we would represent you without requesting an upfront fee. You would sign a No Win No Fee agreement which sets out the terms and conditions of the contract. This is also referred to as a Conditional Fee Agreement (CFA) and it sets out the small ‘percentage’ that would only be payable once you are awarded compensation in a successful allergic reaction to Italian restaurant food claim.

This percentage is deducted by a No Win No Fee lawyer from the amount of compensation you are awarded. However, if you lose your claim, the ‘success fee’ would no longer be payable because you signed a Conditional Fee Agreement with the solicitor who represented you. In addition, you wouldn’t be responsible for any of the fees your lawyer has incurred in representing you.

For more information regarding Conditional Fee Agreements, please get in touch today.

Speaking To Members Of Our Team

If you’d like to take advantage of our free legal advice and support, please get in touch with our team. They’re available 24 hours a day, 7 days per week, and you can reach them in any of the following ways:

• By telephone on 0800 073 8804
• Email at office@legalexpert.co.uk
• Use our Live Chat
• Use our online claims form

Useful Guidance And Information

If you’d like to learn more about personal injury claims, you may find these guides below useful:

For more information on what to do if you suffer an allergic reaction, please click on the NHS link provided below:

Allergic Reactions Guide

The Food Standards Agency provides valuable information on what to do if you or someone else experiences a food allergy reaction:

Allergen Advice

The link below provides essential reading on how to go about seeking compensation if you suffered an allergic reaction:

Food Allergy Claims

The link provided below offers useful information on the claims process if you suffered an allergic reaction  after eating at a pub restaurant or other food outlet:

Restaurant Allergic Reaction

Guide by Wood

Edited by Billing