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Spanish Restaurant Allergic Reaction Claims Guide

I Had An Allergic Reaction To Eating Spanish Food, Could I Make A Claim?

Over 20 million people are allergy sufferers in the UK with the numbers on the rise. Should you have suffered an allergic reaction after eating at a Spanish restaurant, you could seek compensation if you can show the restaurant was to blame.

Allergic reaction after eating in Spanish restaurant claims guideWhether you experienced an IgE-mediated food allergy, a non-IgE-mediated food allergy, or some other type of allergic reaction to Spanish food, you may be able to seek compensation. This would depend on whether you had told the restaurant about your allergies, though in some narrow circumstances this may not matter. Our guide provides essential reading on what you should do to prove liability on the part of the restaurant.

If you would like to begin an allergic reaction to Spanish food claim, please contact an adviser on 0800 073 8804 who would be happy to assist you. Alternatively, please continue reading our guide by clicking on the sections below.

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A Guide To Claims For An Allergic Reaction After Eating In A Spanish Restaurant

Suffering any sort of food allergy can complicate your life, especially when eating out in a restaurant or ordering a takeaway. You may experience just minor symptoms, but for some people there might be dire consequences. This includes suffering from a life-threatening condition known as anaphylaxis.

If you had an allergic reaction to Spanish food and you told the waiter of your allergies, you may be entitled to compensation if you subsequently suffered a reaction to that allergen. Our guide to seeking compensation if you have an allergic reaction after eating at a Spanish restaurant walks you through the claims process. We explain the sort of evidence needed to prove liability on the part of the restaurant. We also cover your rights and the responsibilities of the restaurant when serving food to consumers whether onsite or taking food away.

The guide covers the consequences of suffering a food allergy and explains the minor as well as the more serious symptoms associated with allergic reactions to food. We explain what could trigger a reaction and how UK laws oblige food businesses to be transparent when it comes to ingredients used in the food they prepare.

We also provide essential information on how a solicitor from our panel could represent you on a No Win No Fee basis once it has been determined you have a valid claim against the party responsible. We cover what signing a Conditional Fee Agreement entails, and how it means you would not have to find the funds to pay an upfront fee or ongoing fees.

Our guide also provides an idea of how much allergic reaction compensation you may be awarded in a successful claim. We explain how general damages and special damages are calculated too.

To find out how Legal Expert can help you determine whether you have a strong claim against a responsible party, please get in touch with an adviser on 0800 073 8804.

What Is An Allergic Reaction To A Spanish Restaurant?

If you know you are allergic to specific foods, you must take extra care when ordering any takeaways, or when you sit down to eat in a Spanish restaurant. You may know that you suffer from mixed IgE and non-IgE-mediated food allergies, in which case knowing what is safe to eat is all-important to avoid experiencing any sort of reaction. A minor allergic reaction to Spanish food could see you experiencing the following symptoms:

  • Hives
  • Nasal congestion – rhinitis
  • Itchiness
  • Runny or scratchy eyes
  • Rash
  • Itchy/scratchy throat
  • Sneezing

However, if you experience a more severe allergic reaction to the Spanish food you eat in a restaurant or takeaway, the symptoms could be life-threatening and therefore medical attention must be sought as a matter of urgency.

What Is A Serious Anaphylactic Reaction?

You may experience a severe allergic reaction to Spanish restaurant food which sees you going into anaphylactic shock. This is an extremely serious condition that requires immediate medical attention. Treatment may need to be administered via an EpiPen injection which treats severe allergic reactions (anaphylaxis). The symptoms associated with this type of allergic reaction are as follows:

  • Difficulty breathing
  • Your tongue swells up
  • Your chest feels tight
  • You have trouble speaking and swallowing
  • You experience dizziness
  • You may collapse

To find out whether you have a valid claim following an allergic reaction to Spanish restaurant food, please get in touch today.

What Are Dairy And Shellfish Allergies?

Many allergy sufferers in the UK know what foods can trigger a reaction. Two of the more common ones are dairy and shellfish. Some other potential allergens include:

  • Gluten
  • Soy
  • Sulphur dioxide

If you are aware that you if you eat anything that contains an ingredient you’re allergic to, you could experience an E (IgE) mediated reaction and the symptoms associated with this are as follows:

  • Hives – urticaria
  • Swelling of upper layers of skin and tissue – angioedema
  • Trouble breathing
  • Sickness/nausea
  • Stomach pains
  • Anaphylaxis

What Foods Mainly Trigger Allergic Reactions?

You may be aware of the foods and ingredients which may trigger a Spanish food rash or another type of reaction. As such, it is always advisable to ensure any food you order is safe for you to eat. With that said, there are specific foods which are known to trigger an allergic reaction which includes the following:

  • Celery
  • Fish/Shellfish
  • Eggs
  • Milk
  • Wheat
  • Cereal
  • Gluten
  • Soy
  • Lupin
  • Mustard
  • Tree nuts – Brazil nuts, cashew nuts, pistachios, almonds, and hazelnuts being examples
  • Sulphur found in duck, ham, turkey, duck, and many other meats

If you told a waiter in a Spanish restaurant that you were allergic to specific things and they agreed to serve you the dish without those ingredients, if you go on to suffer a reaction, you could seek compensation for the harm caused.

For more information on how Legal Expert can help you claim compensation if you had an allergic reaction after eating at a Spanish restaurant, please get in touch today.

Top Spanish Restaurants And Favourite Dishes

Spanish food is a firm favourite in the UK with the five top restaurants being:

  • Tapas Revolution
  • La Tasca
  • Iberica
  • Barrafina
  • El Pirata

The UK’s Favourite Spanish Dishes

Some Spanish dishes that are extremely popular in the UK include the following:

  • Patatas Bravas
  • Paella
  • Gazpacho
  • Jamón Ibérico / Ibérico ham
  • Calamari
  • Pulpo a la Gallega
  • Spanish Tortilla / Tortilla Española
  • Crema Catalana
  • Chorizo
  • Fabada Asturiana

If when eating out at a Spanish restaurant you experienced an allergic reaction to the food you were served, you may be able to seek compensation providing you can show the restaurant was responsible. We’ll discuss this in detail below.

Takeaway And Restaurant Food Allergy Statistics

It’s estimated that between 1 and 10% of the UK population has a food allergy of some kind. if you are one of the many allergy sufferers, you know how hard it can be to stay safe when eating out or ordering a takeaway. You could only suffer minor symptoms, or you may experience a food allergy reaction after eating Spanish food that leaves you suffering from anaphylaxis, a condition that can be life-threatening if not treated as a matter of urgency.

Studies into the number of people in the UK who suffer from allergies shows that around 20% of the population is affected by a type of allergy whether food-related or other. The estimate is that 44% of all adults are allergy sufferers and the number is rising as time goes by. Research has also established that the number of people affected by some kind of allergy who needed to be hospitalised rose by an amazing 600% during the twenty years from 1990 to 2012.

Some of the more common triggers of a food allergic reaction are:

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

If you suffered an allergic reaction after eating at a Spanish restaurant and you believe the restaurant could be responsible, please get in touch today.

Could You Request Foods You Are Allergic To Are Not Served?

It is worth noting that a restaurant or other eatery, which includes takeaways, are not obliged to serve you food that is safe for you to eat if you are an allergy sufferer. Yes, you can make a request, but they aren’t obliged to agree to it. Indeed, it may not be possible for them to do so.

If they do accept your request, however, but the allergen is still included in your dish, perhaps because the chef wasn’t informed, they forgot to remove it, or food was cross-contaminated, and you go on to experience an allergic reaction to Spanish food, you may be able to seek compensation.

What Happens If These Ingredients Are Not Left Out?

If after informing a Spanish restaurant of your allergies, they agree to serve you but fail to ensure the dishes you order do not contain allergens, you may suffer a minor allergic reaction. However, you could also experience something a lot more serious, namely anaphylaxis which if not treated as a medical emergency, could be life-threatening.

All businesses that serve food must ensure it is safe for them to eat. However, a restaurant or takeaway that serves Spanish food is under no obligation to serve you if you inform them of your allergies. They must, however, provide information regarding the ingredients used in their dishes and whether they contain any allergens. This applies to all food and drinks they prepare and serve in a restaurant or takeaway setting.

You are probably aware of the allergens that trigger an allergic reaction. However, there are 14 known allergens which are as follows:

  • Eggs
  • Milk
  • Celery
  • Cereals that contain gluten
  • Fish
  • Shellfish – prawns, lobster, crab
  • Mussels, oysters, and other molluscs
  • Mustard
  • Sesame
  • Peanuts
  • Soybeans
  • Tree nuts – almonds, hazelnuts, walnuts, cashews, and other similar nuts
  • Sulphur dioxide, sulphites (concentration levels over 10 parts per million

Should you experience an allergic reaction to Spanish restaurant food, and you believe the restaurant was at fault for the distress and pain you were caused, you should contact one of our advisers today to find out whether you have a valid case.

Protection Under The Law When Dining At A Restaurant

Any business selling food in the UK must abide by the law. However, they are not obligated to serve consumers any sort of food they do not wish to, which includes dishes with any allergens taken out.

As such, a Spanish restaurant may tell you that they do not want to serve you dishes which are ‘safe’ and free of allergens. If, however, they agree to serve you after you have informed them of your allergies, they must ensure that you are told the ‘truth’ and not misled in any way.

The laws in the UK covering food are:

Do Restaurants And Takeaways Have To Provide Allergy Information?

Article 14 of the EC General Food Law Regulation lays out the regulations that all food businesses must abide by. This is as follows:

  • That food served is safe for people to eat
  • That all ingredients are clearly displayed on labels
  • That all ingredients that may trigger an allergic reaction or have an adverse effect on the consumer’s health are clearly provided and highlighted, such as in a bold font.

If a Spanish restaurant fails to abide by the law, ignoring any regulations that are set in place to protect the consumer, and as a consequence, you suffer an allergic reaction to Spanish food, you could seek compensation. The reason being that the law may have been broken if it can be shown that the food you were served contained an allergen and the information was not clearly provided. It could be deemed that the food you were served was ‘not of substance’ or ‘not as described’, which as the consumer, you demanded.

How To Make Sure The Restaurant Knows About Your Allergy

Twenty million people suffer from allergies in the UK and this figure is on the rise. If you have food allergies, eating out and ordering takeaways can prove challenging. You must always make sure the food you order is safe for you to eat which means there are some steps you can take to keep yourself safe:

  • Check what ingredients are used to prepare a dish by asking the person who serves you
  • Check whether there is any chance of the food you order being cross-contaminated
  • Check that the dishes you order in a restaurant or takeaway are free from allergens and any other derivates that could trigger an allergic reaction to Spanish food
  • Check that the food you are served is the same as the food you ordered and ask the person who serves you whether it contains anything that could trigger an allergic reaction even if you asked them when ordering your food
  • If you feel the person who serves you is not making a note of your allergies or taking your request seriously, it may be safer to leave the restaurant/takeaway and go somewhere else

For more information on how to make an allergic reaction after eating Spanish restaurant food, please talk to Legal Expert today.

Spanish Restaurant And Takeaway Allergy Damages Calculator

The table below provides an idea of the amount of allergic reaction compensation you could be awarded in a successful claim against a responsible party. The amounts provided are based on the Judicial College Guidelines and are awarded to compensate an injured party for the pain and suffering they were caused.

We have opted to provide this table instead of personal injury claims calculator. Such tools cannot account for the intricacies of a case, which ultimately affect its value. As such, they can produce misleading results.

For a more accurate idea of how much you could be awarded in general damages, please speak to Legal Expert today.

Edit
Injury Type Details Average Compensation Awarded
Illness Caused by Non-Traumatic Injury (i) Severe toxicosis resulting in diarrhoea, fever, sickness, severe acute pain. Hospitalisation required to overcome symptoms. £36,060 to £49,270
Illness Caused by Non-Traumatic Injury (iii) Significant fatigue, stomach cramps, affected bowel function, discomfort lasting for several weeks. £3,710 to £8,950
Illness Caused by Non-Traumatic Injury (ii) Severe food poisoning short lived. Hospitalisation may be necessary £8,950 to £18,020
Mental anguish A fear of impending death Up to £4,380
Bowels (D) Severe injury of the abdomen causing impairment of function and necessitating temporary colostomy. There will be a restriction on diet and employment. £41,850 to £65,440

On top of general damages, you could also be entitled to claim for special damages.

What Damages May Be Awarded For Expenses And Costs?

You could also receive special damages which are awarded to compensate you for your losses, namely expenses and costs directly connected to the injury you sustained. Special damages could include the following costs and expenses:

  • Medical costs which could include the cost of your prescriptions, the cost of private treatment/therapy/rehabilitation
  • Care costs if you need assistance around the home during the time it takes you to recover
  • Travel expenses which could include the cost of getting to a hospital or other medical facility for treatments/therapy. It could also include parking costs
  • Loss of earnings and future income
  • All expenses and other costs linked to your injury

Special damages are based on ‘actual’ expenses and costs incurred. As such, you must provide evidence of your expenditure in the form of receipts and other relevant documents.

For more information on the type of special damages you may be able to include in an allergic reaction to Spanish food claim, please get in touch today.

No Win No Fee Claims For An Allergic Reaction After Eating In A Spanish Restaurant

For a free initial, no-obligation consultation, please get in touch with Legal Expert today. Once it has been determined that you have a strong case against a responsible party, a solicitor from our panel would agree to represent you without requesting that you pay an upfront fee. This would involve signing a No Win No Fee agreement otherwise known as a Conditional Fee Agreement (CFA). This is a legal agreement between you and the solicitor which sets out the Terms and Conditions of the contract.

A CFA also sets out the ‘percentage’ known as a success fee that is only payable once you are awarded allergic reaction to Spanish restaurant food compensation. The amount, which is small and legally capped, is deducted from the money awarded with the balance being paid to you. Should you lose your claim against a responsible party, you would not have to pay the success fee to the solicitor, nor any of the fees your lawyer has generated in pursuing your case.

For more information, call us today.

How To Get Help

If you are ready to make a claim following an allergic reaction after eating in a Spanish restaurant, you can get in touch with an adviser in the following ways:

One of our friendly advisers is standing by to help you.

Helpful Reference Information

If you would like to know more about how you could sue a restaurant if you have suffered an allergic reaction after eating in a Spanish restaurant, please see below for further resources and guides.

Here’s our general guide on suing restaurants:

How to sue a restaurant in the UK for an allergic reaction

Our guide below provides information on how a personal injury solicitor could be of assistance when making an allergic reaction claim against a restaurant:

Personal injury solicitors food allergy claims

For more information on the symptoms you could suffer if you develop anaphylaxis, please follow the link provided below:

Symptoms associated with anaphylaxis

If you would like to know more about how an allergic reaction is treated, please follow the link below:

Treatment for food allergies

Other Guides You Can Read

 

Guide by Wood

Edited by Billing