Allergic Reaction After Eating At A Spanish Restaurant

If you had an allergic reaction after eating at a Spanish restaurant, you could seek compensation from the party liable for the distress you were caused. For an allergy claim to be valid you must show negligence on the part of the restaurant.

Allergic reaction after eating at Spanish restaurant claims guide

Our guide explains how to go about getting compensated if you had a food allergy reaction in a Spanish restaurant. We provide information on your rights and the responsibilities of a restaurant towards you. The guide also covers food allergies with minor symptoms and those which are severe. And we explain how your health and well-being could be negatively impacted if you suffer a reaction to Spanish food.

We also provide a guide as to how much an allergic reaction claim could be worth and offer advice on how the amount you could be awarded is calculated. Our guide also explains what a Conditional Fee Agreement is, and how one of our solicitors could act on your behalf on a No Win No Fee basis.

To find out more about claiming compensation for an allergic reaction after eating at a Spanish restaurant, please continue reading our guide.

Alternatively, if you would like to discuss an allergy injury claim with a member of the Legal Expert team, please call an adviser today on 0800 073 8804.

Select A Section

• A Guide To Claims For An Allergic Reaction After Eating In A Spanish Restaurant
• What Is An Allergic Reaction To A Spanish Restaurant?
• What Foods Mainly Trigger Allergic Reactions?
• Top Spanish Restaurants And Favourite Dishes
• Takeaway And Restaurant Food Allergy Statistics
• Could You Request Foods You Are Allergic To Are Not Served?
• Protection Under The Law When Dining At A Restaurant
• How To Make Sure The Restaurant Knows About Your Allergy
• Spanish Restaurant And Takeaway Allergy Damages Calculator
• No Win No Fee Claims For An Allergic Reaction After Eating In A Spanish Restaurant
• How To Get Help
• Helpful Reference Information

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

Our guide to claims for an allergic reaction after eating in a Spanish restaurant provides essential information on what this type of case entails. We offer advice on what triggers could result in you suffering a reaction, and we cover the statistics associated with food allergy sufferers in the UK.

The guide also covers your rights as a consumer when dining in a Spanish restaurant, and the duty of care you are owed when eating out. We offer advice on how to request foods that you are allergic to are not served in the meals you order when dining in a Spanish restaurant. We go into the UK laws which all food businesses must abide by, and what would happen if they fail to do so, which results in you having a reaction to Spanish food you are served.

Our guide also provides you with an idea of how much an allergy claim could be worth by including a compensation table. The amounts indicated are based on the Judicial College Guidelines which are awarded to claimants for the injuries they suffered. The figures do not include any special damages. We explain how special damages are calculated and what could be included in a personal injury claim.

We provide information and advice on how our solicitors could represent you without requesting an upfront fee. And we explain how a No Win No Fee agreement would allow you to seek compensation without financial risk.

To discuss a Spanish food allergy claim with a Legal Expert adviser, please call today on the number at the top of this page.

What Is An Allergic Reaction To A Spanish Restaurant?

There are various foods and ingredients which may trigger an allergic reaction when eating in a Spanish restaurant. You may order a meal which contains an allergen you have not been made aware of because the information is not clearly displayed on a menu. For example, if you are allergic to peanuts, soybeans, or gluten and the food you order contains any of these which as a consequence means you suffer a reaction, you could pursue a claim against the restaurant.

If you told the person serving you of the food allergies you suffer from and it was agreed to leave these out, yet you still had a reaction, you may be able to seek compensation if you can show the ingredients were not left out of the meal you ordered.

What Is A Serious Anaphylactic Reaction?

You may suffer minor symptoms if you have a food allergy reaction in a Spanish restaurant, but you could experience something extremely serious called anaphylaxis. This is a life-threatening health issue triggered by a food allergy which if not treated immediately could prove fatal. The symptoms associated with anaphylaxis are as follows:

• Your tongue swells up
• You experience difficulty breathing
• Your chest feels tight
• You have trouble talking and/or swallowing
• You feel faint and/or dizzy
• Collapsing

What Are Dairy And Shellfish Allergies?

If you suffer from a dairy allergy, you may have an immune system reaction to lactose. The symptoms associated with this type of allergy are detailed below:

• Wind
• Diarrhoea
• Bloated stomach
• Stomach pains and cramps
• Rumbling stomach
• Feeling nauseous/sick

How severe the symptoms you experience would depend on how much lactose you consumed, and the symptoms could typically occur within several hours of eating or drinking anything that contained lactose.

Shellfish allergies can put your health and well-being at serious risk, more especially if you develop anaphylaxis. The symptoms could occur straight away or up to an hour later if you eat shellfish. These are detailed below:

• Hives
• Swelling of your lips, face, tongue, throat, or other parts of the body
• Nasal congestion, trouble breathing, wheezing
• Diarrhoea, nausea, vomiting, abdominal pain
• Fainting, dizziness
• Collapsing

To discuss an allergy claim with a member of the Legal Expert team, please contact us.

What Foods Mainly Trigger Allergic Reactions?

There are 14 known common triggers which could result in you suffering a Spanish food allergy. These are as follows:

• Cereal containing gluten
• Lupin
• Milk
• Molluscs – this includes oyster and mussels
• Mustard
• Peanuts
• Sesame
• Celery
• Crustaceans – crabs, lobster, and prawns
• Eggs
• Fish
• Soybeans
• Sulphur dioxide and sulphites – if the concentration is above 10 parts per million
• Tree nuts – hazelnuts, walnuts, almonds, cashews, pistachios, pecans, and macadamia nuts

If you suffer a food allergy reaction after eating in a Spanish restaurant and would like to discuss your case with a member of the Legal Expert team, please get in touch on the number at the top of this page.

Top Spanish Restaurants And Favourite Dishes

For many years, Spanish food has been a firm favourite in the United Kingdom with the top 5 restaurants being the following:

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

The UK’s Favourite Spanish Dishes

With Spain being a top holiday destination, Spanish dishes have become favourites served in Spanish restaurants throughout the UK. Popular Spanish dishes 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 you had an allergic reaction after eating at a Spanish restaurant and would like to know if you have a valid claim, please contact a member of the Legal Expert team today.

Takeaway And Restaurant Food Allergy Statistics

The United Kingdom has the highest percentage of allergy sufferers in the entire world. According to the national charity, Allergy UK, this number is rising every year. The charity published a report showing that more than 20% of the population in the UK suffer from some form of allergy, with 44% suffering more than one.

If you had a Spanish food allergic reaction and would like to know whether you could seek compensation for your pain and suffering, please contact a Legal Expert adviser today.

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

You can ask that specific ingredients you know would trigger an allergic reaction be left out of the food you order in a Spanish restaurant. Businesses that serve food to the public are not obliged to agree to such a request, but if they do and you suffer a reaction to Spanish food, providing you can show negligence on the part of the restaurant, you could pursue an allergic reaction claim.

What Happens If These Ingredients Are Not Left Out?

If you asked the person serving you to leave specific ingredients out of the Spanish dishes you ordered, but they omitted to do so, even though they agreed to the request, and this results in you having an allergic reaction to Spanish food, you could have grounds to seek compensation for the pain you were caused.

You may suffer an IgE-mediated food allergy or a non-IgE-mediated reaction to Spanish food, and the symptoms you could experience may include the following:

• Tingling in the mouth
• Itchiness in the mouth
• Hives
• Facial swelling
• Swelling of the throat, mouth, and other parts of the body
• Difficulty swallowing
• Difficulty speaking
• Wheezing
• Shortness of breath
• Dizziness
• Nausea
• Abdominal discomfort
• Diarrhoea
• Hay fever-like symptoms
• Anaphylaxis – an extremely severe condition that could prove fatal if not treated immediately

The symptoms of anaphylaxis are as follows:

• Swollen tongue
• Difficulty breathing
• Chest tightness
• Trouble swallowing
• Difficulty speaking
• Dizziness
• Collapsing

For more information on whether you have a valid allergy claim, please contact a member of the Legal Expert team.

Protection Under The Law When Dining At A Restaurant

Consumers are protected in the UK by specific laws regarding food that is sold or served to the general public. Restaurants owe you a duty of care when you dine in-house or order a takeaway. Food businesses must abide by the laws which are set in place to make sure their premises are kept clean and safe for the public to use. They must also list all allergens found in the food they prepare, serve, or sell to consumers.

If a restaurant fails to abide by the law and as a result, you suffer a Spanish food allergy, you could have grounds to seek compensation by making a personal injury claim against the party deemed liable.

UK laws that protect the general public where food is concerned are as follows:

• 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

Do Restaurants And Takeaways Have To Provide Allergy Information?

Restaurants and takeaways in the UK must provide allergy information on their menus. They must list all allergens found in the food they prepare to sell or serve. There is an option for food businesses to offer the consumer a ‘prompt’ which encourages a person to ask whether any dishes they serve or sell contain allergens.

If you had a Spanish food allergic reaction and would like to find out whether you have a valid claim, please contact a member of our team today.

How To Make Sure The Restaurant Knows About Your Allergy

You could have an allergy to peanuts or some other food/ingredient, and as such ask the person serving you in a Spanish restaurant if they would leave them out of a dish you would like to order. 

If you believe that your request is not being taken seriously, you should ask to speak to the restaurant manager before ordering anything from the menu. It is worth noting that a restaurant does not have to agree to your request, but if they do, they must be honest and not provide any misleading information about the food you order.

You could request that any of the following is left out of a Spanish dish you order:

• Lupin
• Celery
• Soybeans
• Milk
• Mustard
• Dairy
• Sesame
• Peanuts
• Tree nuts

When asking for ingredients to be left out of the food you order in a Spanish restaurant, you should also do so clearly and politely. If, however, you think a restaurant manager is not taking your request seriously, you should leave and go to another restaurant to eat.

Spanish Restaurant And Takeaway Allergy Damages Calculator

We have included a table in our guide to seeking compensation after suffering a Spanish restaurant food allergic reaction. 

The amounts provided in the table below could be awarded as general damages for the pain and suffering you were caused through the negligence of a Spanish restaurant. They are based on the Judicial College Guidelines and do not include special damages which are covered in the next paragraph.

What Damages May Be Awarded For Expenses And Costs?

When you make a personal injury claim against a negligent party, and your case is successful, you could receive both general damages for the pain and suffering you were caused, and special damages for your losses and out of pocket expenses.

Special damages are based on expenditure linked to the allergic reaction you suffered, as well as losses that may be incurred down the line. This means you must produce receipts and other documents to support any losses and expenses you incurred.

The sort of losses and expenses you could claim back in special damages could include the following:

• Care costs should you require help around the home while you recover
• Medical costs which cover prescriptions costs, treatments provided in the private health care sector which are not covered by the NHS
• Travel costs which cover the cost of getting to the hospital or another medical facility whether you go there and back by train, bus, taxi, or car
• Loss of income for the time you are off work
• Loss of future earnings if you cannot work again
• All expenditure connected to the allergic reaction you suffered

If you would like a more accurate idea on how much a Spanish restaurant food allergy claim could be worth, please contact a Legal Expert adviser today.

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

When you first contact Legal Expert, you would receive an initial consultation for which there would be no charge. Should you decide not to pursue an allergy claim, you would be under no obligation to do so. One of our expert advisers would assess your case in this first consultation and once satisfied it is valid, you would be offered No Win No Fee terms by a solicitor.

No Win No Fee agreements allow claimants to seek compensation without having to pay a solicitor a retainer (upfront fee). When you sign a Conditional Fee Agreement, you would not have any ongoing fees to pay either. 

A CFA is a legal contract between a No Win No Fee lawyer and yourself. It sets out the Terms and Conditions of the agreement as well as the small percentage (success fee) which you only have to pay when you win your Spanish restaurant food allergy claim. This percentage is capped by law.

If you lose your claim, you do not have to pay a No Win No Fee solicitor for the legal services they provided.

How To Get Help

If you are ready to make an allergy claim, you can contact a member of the Legal Expert team in the following ways:

• By phone on 0800 073 8804 – all calls are free of charge
• By email at info@legalexpert.co.uk
• By using our online chat
• By filling out our online claims form

Helpful Reference Information

For more information on how to sue a restaurant for a food allergy reaction, please read our guide by clicking on the link provided below:

More information on pursuing an allergy claim against a restaurant

If you would like to know more about how a personal injury solicitor could assist you when making an allergy claim, please click on our guide below:

More information on allergy claims solicitors

For more information on the 14 common allergy triggers, please follow the link below:

The 14 most common allergy triggers

For more information on food intolerance, please click on the link below:

NHS food intolerance advice

Guide by Wood

Edited by Billing