McDonald’s – Allergic Reaction After Eating McDonald’s – Can I Claim Compensation? – Food Allergy What To Do & Guide?

Food allergies and intolerances can be deeply unpleasant. What’s more, severe food allergies can be life-threatening if they are not managed in the correct way. If you have had an allergic reaction to food purchased from a McDonald’s restaurant, you may be wondering if you can claim compensation for any resulting illness?

If you suffer from a food allergy you are responsible for managing your condition. However, if you experienced an allergic reaction after eating McDonald’s food which occurred because of negligence on the part of the business, you may be eligible to claim compensation. Whether you dined in at a McDonald’s restaurant, ate food purchased at a takeaway or from a drive-through booth, had your food delivered by a courier service such as Uber Eats, you can still claim, providing that the error was on the part of McDonald’s.

If you have suffered an allergic reaction to McDonald’s food which was due to negligence on the part of the company, you may be eligible to claim compensation for any resulting illness or injuries. Legal Expert can provide you with a personal injury solicitor to handle your claim. Our solicitors have decades of experience helping people claim compensation for their injuries. They can value your claim accurately, so you won’t get short-changed and will push to win you the maximum amount of compensation that you could be owed. Your claim can be handled on a No Win No Fee basis, so there is less financial risk involved for you.

Whether you have experienced an allergic reaction to McDonald’s chicken nuggets, allergic reaction to McDonald’s fries or an allergic reaction to any other item on the McDonald’s menu, you may be eligible to claim compensation if it can be proven that McDonald’s had negligently served you food containing allergens. We offer a free claims consultation to anyone looking to make a personal injury claim for compensation, where we can advise you on what steps to take. Call Legal Expert today on 0800 073 8804 to begin your claim today, or use our online claims form to contact us in writing.

Select A Section

• A Guide To Claims For An Allergic Reaction After Eating McDonald’s
• What Is An Allergic Reaction To McDonald’s
• What Are Allergic Reactions To Foods?
• Statistics On Allergic Reactions To Food
• I Asked Staff To Leave Out One Of The Following Items
• The Staff Ignored My Request To Leave Out One Of The Following Items
• Your Rights Under The Consumer Protection Act And Civil Law
• Could I Still Claim If I Didn’t Tell McDonald’s About My Food Allergy?
• McDonald’s Food Allergy Menu
• Compensation Calculator For An Allergic Reaction After Eating McDonald’s
• Could I Also Claim For Special Damages?
• How Could We Help If You Suffered An Allergic Reaction?
• No Win No Fee Claims If You Suffered An Allergic Reaction After Eating In McDonald’s
• Talk To Us About Your Allergic Reaction
• Resources

A Guide To Claims For An Allergic Reaction After Eating McDonald’s

McDonald’s is a name that barely needs any introduction. It is the world’s largest fast-food business by revenue, and as of 2018, the brand has over 37,855 outlets worldwide, operating in over 100 countries. McDonald’s has 1,300 outlets in the UK, 1,000 of which are franchises. In the UK, McDonald’s employs 120,000 people.

In this guide to claiming compensation for an allergy to McDonald’s food, we will explain what a food allergy is and how it can affect the body. We will also look at under what circumstances you would be eligible to claim compensation for the triggering of an allergy in McDonald’s, UK. We will also look at what foods are on the McDonalds food allergy menu.

If you have suffered an allergic reaction to McDonald’s food or drink which was caused in part or entirely by negligence on the part of the business, we can help. Legal Expert can provide you with a personal injury solicitor to handle your claim and win you the compensation you deserve. Call us today for your free consultation, to get started with your claim.

What Is An Allergic Reaction To McDonald’s

If you suffer from an allergy to McDonald’s food, it may have been as a result of:

• A McDonald’s egg allergy
• Allergy to McDonald’s fries
• McDonald’s pancake allergens
• McDonald’s coffee allergens
• Allergy to McDonald’s chicken nuggets
• Allergy to McDonald’s fries
• McDonald’s pancake allergens
• McDonald’s coffee allergens
• Soy in McDonald’s food products
• McDonald’s apple pie nut allergy
• McDonald’s hamburger allergy

McDonald’s offers the following options for consuming their products: dining in, takeaway and drive-through options. Their food can also be delivered to your home or place of work via apps such as Uber Eats or JustEat. 

Can you still claim compensation for an allergic reaction after eating McDonald’s food which was consumed off the premises? Yes, if you were made ill because of negligence on the part of the business, you can claim compensation.

What Are Allergic Reactions To Foods?

A food allergy is when the body’s immune system mistakes proteins and otherwise harmless foods as a threat. As a result, the immune system releases chemicals to fight the perceived threat. Some people suffer from minor food allergies which can have unpleasant but minor results. Other food allergies can be more serious.

What are the symptoms of a mild food allergy?

• An itchy sensation in the ears, throat or mouth
• Angioedema, which is a swelling of the face including the roof of the mouth, tongue, lips and around the eyes
• A red itchy rash (hives or urticaria)
• Vomiting or diarrhoea

If a person suffers from a serious food allergy, they can experience an anaphylaxis reaction, also known as an anaphylactic shock. An anaphylactic shock is a medical emergency and should be treated with the utmost urgency.

What are the symptoms of anaphylactic shock?

• Lightheadedness or fainting
• Collapsing or loss of consciousness
• Vomiting, stomach pains or diarrhoea
• The face, throat and/or lips swell
• Wheezing and trouble breathing
• A raised red rash and itchy skin

An anaphylaxis reaction can result in the sufferer falling into a coma, from which they may never wake up, or it may result in death. Because an anaphylactic shock is a life-threatening emergency, if you or someone else is suffering from the symptoms of anaphylaxis, dial 999 immediately for an ambulance.

You can learn more about food allergies in this NHS guide

Statistics On Allergic Reactions To Foods

Allergies are thought to affect 1 in 4 people here in the UK, according to the NHS. And around 1-2% of the UK population has an allergy to food.

These figures are expected to rise, with some researchers forecasting that by 2025, nearly 50% of all Europeans will be impacted by a food allergy.

I Asked Staff To Leave Out One Of The Following Items

The NHS recommends that anyone suffering from a food allergy should avoid the allergenic ingredient that triggers their reactions and follow any advice given to them by their GP. 

The food at McDonald’s is pre-prepared rather than cooked from scratch. However, if you asked the staff at McDonald’s to leave out an item when preparing your food (for example, you asked them not to put a type of sauce on your burger that contains ingredients that you are allergic to) according to government guidelines, they should comply. 

If you tell the person serving you that you suffer from a food allergy, they should be able to advise you what menu items you should avoid. If you believe that the request you made has not been fully understood, ask to speak to the manager or, if in doubt, eat somewhere else. 

These are foods that can cause allergic reactions, which you may ask a server to leave out or advise you on:

• Cheese
• Tomatoes
• Eggs
• Wheat
• Oats
• Fish
• Milk
• Nuts

McDonald’s also publishes a McDonald’s allergy guide, which has information about allergenic ingredients used in their food. You can find information about the McDonalds happy meal allergy menu and the McDonalds breakfast allergy menu, and other McDonald’s foods that can cause allergic reactions, by using the McDonald’s nutritional calculator.

According to the Food Information Regulations 2014, food providers are required to list allergenic ingredients on food packaging, or on menus as a warning to customers who suffer from food allergies.

The Staff Ignored My Request To Leave Out One Of The Following Items

If you request a food item to be left out of your meal, or you inform the server of your allergy and they fail to warn you of the allergenic contents of your order, this could be regarded as negligence. Similarly, if you checked the allergy information provided on the food packaging, McDonald’s menu, website or other materials and you were not warned about any allergenic ingredients that were used in your meal, this could also be regarded as negligence. As a result, if it can be shown that this was the case, McDonald’s could be held liable for any injuries caused by a resulting allergic reaction. 

Allergic Reactions Caused By A Restaurant’s Negligence

In the UK, legislation such as the Occupiers’ Liability Act 1957, states that businesses owe their customers a duty of care. This means that they are legally obliged to provide them with a safe and hygienic environment in which to shop, eat, or engage in other relevant activities. If a consumer is injured or made ill due to negligence on the part of the business, the business could be held liable for their injuries and may have to pay them compensation as a result.

The following actions by a McDonald’s restaurant could be considered negligence:

• Ignoring a request to not include a food item in your order, for example, no relish on your burger, due to allergies.
• Not warning you of allergenic ingredients included in your meal, on the food packaging, menu or in materials provided by the business, such as information on their website.
• Not advising you correctly about the allergenic content of your meal, if requested.

Your Rights Under The Consumer Protection Act And Civil Law

The Consumer Protection Act 1987 states that manufacturers can be held liable for any injuries, loss or damage, as experienced by a consumer, due to a defective product. McDonald’s manufactures and pre-packs their food products, therefore this law applies to them.

As we have already discussed, manufacturers are supposed to label any allergenic ingredients that appear on their foods. Similarly, if the food may contain traces of an allergenic ingredient (for example, the food is prepared in the same factory as products that contain nuts), there should also be a warning on the packaging as well. Packaging that does not have adequate warnings about the risk to allergy sufferers could be counted as a defective product. Similarly, if a product contains ingredients that it is not supposed to have, it may be considered defective and could put customers at risk of suffering an allergy in McDonald’s, UK.

Failure To Warn Customers Of Allergies

If you tell your server in McDonald’s that you suffer from a food allergy and the server fails to warn you about the allergenic content of your order, who is responsible if you suffer an allergic reaction after eating McDonald’s? Under these circumstances, McDonald’s could be seen as negligent and may be held liable for any injuries you suffer as a result.

Could I Still Claim If I Didn’t Tell McDonald’s About My Food Allergy?

Yes. If the menu or food packaging did not inform you of allergenic ingredients in the food, or traces of allergenic ingredients that may be contained in the food, you could be eligible to claim compensation.

Food providers must inform customers of these ingredients by law:

• Nuts
• Eggs
• Milk or dairy
• Wheat
• Soy
• Cereal (especially cereals containing wheat and gluten)
• Gluten
• Celery
• Seafood
• Fish
• Lupin
• Mustard
• Shellfish
• Sulphur dioxide

If you suffer from a fruit allergy, you may need to enquire about the contents of your meal too.

McDonald’s Food Allergy Menu

Main Menu

• Hamburger
• Cheeseburger
• Double Cheeseburger
• Chicken McNuggets
• Chicken Selects
• 20 Chicken McNuggets ShareBox
• Filet-o-Fish
• McDonald’s Fries
• Mozzarella Dippers
• Veggie Dippers – 4 pieces
• Happy Meal Veggie Dippers – 2 pieces
• Apple & Grape Fruit Bag
• Maltesers McFlurry
• Smarties McFlurry
• Oreo McFlurry
• McDonald’s Wrap
• Mayo Chicken
• Bacon Mayo Chicken
• Side Salad
• Bacon Double Cheeseburger
• Big Mac
• Quarter Pounder with Cheese
• McChicken Sandwich
• Vegetable Deluxe

Drinks Menu

• Coca-Cola Zero Sugar
• Tropicana Orange Juice
• Robinsons Fruit Shoot
• Organic Milk
• Flat White
• Tea Regular
• Espresso
• Hot Chocolate
• Latte
• Cappuccino
• Black Coffee
• White Coffee
• Buxton Mineral Water
• Chocolate Milkshake
• Strawberry Milkshake
• Banana Milkshake
• Vanilla Milkshake
• Coca-Cola Classic
• Diet Coke
• Sprite Zero
• Fanta Orange
• Oasis

Breakfast Menu

• Double Bacon & Egg McMuffin
• Egg & Cheese McMuffin
• Cheesy Bacon Flatbread
• Pancakes & Syrup
• Pancakes & Sausage with Syrup
• Bacon Roll
• Hash Brown
• Double Sausage & Egg McMuffin
• Sausage & Egg McMuffin
• Bacon & Egg McMuffin

The McDonald’s Nutrition Calculator has further allergy information on the McDonald’s breakfast menu.

Happy Meal Menu

• Hamburger Meal
• Cheeseburger Meal
• Chicken McNuggets (4 pieces) Meal
• Happy Meal Veggie Dippers – 2 pieces Meal

The McDonald’s Nutrition Calculator has more allergy information on the McDonald’s Happy Meal menu.

You can check the McDonald’s allergy menu resources online to see if you are allergic to any food on the McDonald’s menu. Find out more information on the Nutrition Calculator. An allergen guide is also available.

At the time of writing, McDonald’s is operating a restricted menu in response to the Covid-19 crisis. This means that not all items listed above may be available.

Compensation Calculator For An Allergic Reaction After Eating McDonald’s

If you have suffered a food allergy at McDonald’s because of negligence on the part of the business, you may be eligible to claim compensation. You can use our personal injury claims calculator to estimate how much compensation you may be able to claim in general damages, which is compensation awarded for the pain and suffering inflicted by the injury or illness (calculator excludes special damages). 

These compensation amounts have been taken from the official Judicial College guidelines. Of course, every claim is different, therefore, the amount of compensation you are awarded may vary. Call Legal Expert today to speak to an advisor and we can let you know how much compensation you could be owed.

Could I Also Claim For Special Damages?

If you make a successful claim for an allergic reaction at McDonald’s, you could be awarded two heads of claim:

1. General damages, which is compensation for the pain, suffering and loss of amenity caused by your injuries. General damages are normally the largest part of a compensation claim.
2. Special damages, which is compensation to reimburse you for any expenses incurred as a result of your injuries.

What could you claim for in special damages?

• Medical expenses, including the cost of counselling if you are traumatised by your ordeal and need psychological support
• Travel expenses, such as compensation to reimburse you for the cost of travelling to doctor’s appointments.
• Care costs, including compensation to pay a friend or relative who looked after you when you were ill.
• Reimbursement for loss of income.

How Could We Help If You Suffered An Allergic Reaction?

Why choose Legal Expert to handle your allergic reaction compensation claim against McDonald’s or any other restaurant? Legal Expert’s personal injury lawyers pride themselves on their integrity. They will make sure that your claim is valued accurately so you don’t get short-changed and will negotiate to ensure you receive the maximum amount of compensation that you are entitled to.

We are proud that we have helped many clients like you claim compensation for allergy-inflicted injuries that were not their fault. If you wish to learn more about the service we provide, you can read our online solicitor reviews, left by our previous clients.

No Win No Fee Claims If You Suffered An Allergic Reaction After Eating In McDonald’s

Another great advantage of working with Legal Expert is that you will have the option to make a No Win No Fee claim. This means that you won’t have to pay us an upfront solicitors fee, making this claim option more affordable for many of our clients. Instead, you will only be charged a fee if you win your allergic reaction compensation claim. This fee is capped by law, so you won’t lose a large chunk of your compensation. If the claim fails, you will not be charged any fees by your solicitor. Therefore, there is less financial risk involved for you.

To learn more about making a No Win No Fee claim, call Legal Expert to speak to an advisor. Alternatively, read our online guide to No Win No Fee compensation claims.

Talk To Us About Your Allergic Reaction

To begin your claim for an allergic reaction to McDonald’s food, call Legal Expert to speak to an advisor. If we can see that you are owed compensation for an injury in McDonald’s, we will provide you with a knowledgeable personal injury solicitor to handle your claim. 

So call 0800 073 8804, to speak to an advisor today, or use our online claims form to contact us. Call today, we’re looking forward to speaking to you.

Resources

How Much Compensation Can I Claim For A McDonald’s Accident?

How To Sue A Restaurant For An Allergy In The UK – How To Claim Compensation For A Food Allergic Reaction

How Much Compensation Can I Claim For An Accident In A Restaurant?

Guide by Chelache

Edited by Billing