I Had An Allergic Reaction After Eating Burger King – Can I Claim Compensation?

If you have suffered an allergic reaction to Burger King food, you may be on this page because you’re wondering if you could claim compensation for your injuries. If you suffer from a food allergy, the responsibility for managing that allergy rests with you. However, if you consumed food that you are allergic to, because Burger King misinformed you about the ingredients used in the food, or staff ignored a request to leave out an ingredient then you could claim compensation if it can be shown that the restaurant did not uphold its duty of care. 

Whether you purchased your Burger King meal as a takeaway, from a drive-through booth, had your food delivered to you via a delivery app such as UberEats or ate at a Burger King restaurant, this won’t make a difference to your claim.

If you have suffered a Burger King dairy allergy attack, Burger King egg allergy attack, or have suffered due to any other type of food allergy in Burger King, caused by negligence on the part of the business, we could help. Legal Expert offers a free personal injury claims consultation and legal advice for anyone looking to claim compensation for an allergic reaction at a restaurant. 

We can connect you to an expert personal injury solicitor to represent you. Our solicitors have decades of experience handling compensation claims against fast-food restaurants and will always push to win the maximum amount of compensation that you could be owed.

If you have been harmed by an allergic reaction after eating Burger King food, which was caused by negligence on the part of the business, call Legal Expert today to begin your claim. If we believe your case has good prospects of success, an experienced personal injury will be assigned to work on your case.

Call us on 0800 073 8804, or use our online claims form to reach us.

Select A Section

• A Guide To Claims For An Allergic Reaction After Eating At Burger King
• What Are Allergic Reactions To Burger King?
• What Foods Could Cause An Allergic Reaction
• UK Food Allergy Statistics
• I Asked The Restaurant To Leave Out One Of The Following Foods
• A Restaurant Ignored My Request To Leave Out One Of These Foods
• What Rights Does The Consumer Protection Act Give You?
• I Did Not Inform Burger King Of My Allergy, Could I Still Claim?
• Burger King Allergy Menu
• Compensation For An Allergic Reaction At Burger King Caused By Negligence
• What Special Damages Could Be Claimed?
• How To Claim If You Have Suffered An Allergic Reaction In A Restaurant
• No Win No Fee Claims For Allergic Reactions After Eating Burger King
• Talk To Us About Your Case
• Resources

A Guide To Claims For An Allergic Reaction After Eating At Burger King

American fast-food restaurant Burger King is one of the world’s largest chain restaurants. There are around 500 branches of Burger King. In this guide, we’ll discuss what food allergies are and how they affect people. We’ll also consider how people with food allergies are protected under the law and the circumstances in which you could claim compensation for an allergic reaction caused by negligence on the part of Burger King.

If you have been injured at Burger King due to an accident that was not your fault or have suffered an allergy at Burger King UK, you may be entitled to claim compensation. To kick start the claims process, call Legal Expert today to speak to an advisor. Alternatively, contact us in writing using our online claims form.

What Are Allergic Reactions To Burger King?

An allergic reaction to Burger King food is when a customer who suffers from a food allergy unknowingly eats a Burger King meal that contains ingredients that they are allergic to. As a result, they suffer an allergic reaction, which can range from mild to severe.

What Are Restaurant Food Allergies?

A food allergy is a condition that causes the body’s immune system to perceive proteins in a food substance as a threat. Whilst the food would be harmless to most people, an allergy sufferer will experience an allergic reaction if they accidentally consume this food. This is because their body’s immune system is triggered into action to combat what it perceives as a threat. The effects of an allergic reaction can be moderate to severe.

The symptoms of an allergic reaction that would be deemed mild to moderate include:

• A red, itchy rash such as urticaria or hives.
• Swelling on the face, such as the tongue, lips, around the eyes or the roof of the mouth, which is a condition called angioedema.
• An itchy sensation in the ears, throat or mouth.
• Vomiting, fainting or diarrhoea.

People who suffer from a food allergy classed as severe can experience anaphylactic shock (also known as anaphylaxis) which is a life-threatening medical emergency. Anaphylaxis has the following symptoms:

• Confusion or anxiety.
• Clammy skin.
• Wheezing.
• Breathing difficulties, such as shallow breathing.
• Feeling faint, dizzy or light-headed.
• An increased heart rate.
• Collapsing or losing consciousness.

If you believe that you’re suffering from an anaphylactic shock, what should you do? Anaphylaxis is a medical emergency that can cause the sufferer to slip into a coma from which they may never wake, or can result in their untimely death. Therefore you must dial 999 immediately. Give the person an adrenaline auto-injection if one is available and you know how to use it.

You can learn more about food allergies and anaphylactic shock in these NHS guides.

What Foods Could Cause An Allergic Reaction

Let’s look at some common food allergies:

• Gluten allergy.
• Celery allergy.
• Seafood allergy.
• Fish allergy.
• Lupin allergy.
• Mustard allergy.
• Shellfish allergy.
• Soy allergy.
• Fruit allergy.
• Cereal allergy.
• Sulphur dioxide allergy.
• Nut allergy.
• Egg allergy.
• Milk allergy.
• Dairy allergy.
• Wheat allergy.

UK Food Allergy Statistics

The charity AllergyUK compiles and supplies statistics in relation to the rates of food allergies at home and abroad. Here’s what they’ve found:

• In Europe, 20% of people with allergies say they struggle daily with a fear of an anaphylactic shock, asthma attack or dying from a severe allergic reaction.
• In the UK, 20% of the population is affected by one or more allergic disorders, making it one of the countries with the highest prevalence of allergies.
• Hospital admissions in relation to anaphylaxis surged by 615% between the years 1992 – 2012.

I Asked The Restaurant To Leave Out One Of The Following Foods

Restaurants such as Burger King owe you a duty of care as their customer. This means that they are legally obliged to uphold your health and safety whilst you’re enjoying their products and services. 

If you suffer from a food allergy, inform the restaurant of the allergy, and request an ingredient to be omitted from your meal, the restaurant should acknowledge and comply with the request if it’s possible. However, they can refuse any request made.

For example, you might ask for no tomato ketchup if you have an allergy to tomatoes. A failure to comply with this request if they’ve agreed to uphold it could be deemed a breach in the duty of care. Therefore, the restaurant could be held liable for any injuries that you have suffered as a result.

Of course, much of the food served in Burger King is pre-prepared. Therefore the server may not be able to remove the allergenic ingredients from your order. If this is the case they should warn you that your request to leave out a type of food is not possible and advise you on what else you could order instead. If the Burger King employee does not provide you with adequate advice, causing you to eat food that you are allergic to, Burger King could be held liable if you suffer an allergic reaction and you can prove that the restaurant breached its duty of care. 

Some requests you might make to a restaurant include:

• No Milk
• No Fish
• No Nuts
• No Cheese
• No Eggs
• No Wheat
• No Oats

A Restaurant Ignored My Request To Leave Out One Of These Foods

If a customer says that they are allergic to an item of food and requests for the food to be left out, restaurants and eateries can comply if possible, though there’s no obligation for them to do so. Should food be prepacked, the restaurant ought to give a warning to the customer that the food could make someone suffering from allergies ill. Otherwise, this could be seen as a “failure to warn”. 

If the restaurant staff fail to provide adequate warnings and a customer suffers an allergic reaction to Burger King food, the restaurant may be held liable for any allergic reactions provided you can show that it breached its duty of care.

If you suffer from a food allergy and you believe that your server does not fully understand your request or enquiry, consider speaking to the manager or eating elsewhere.

Allergies In Burger King Which Could Be Caused By Staff Negligence

Under legislation such as the Occupiers’ Liability Act 1957, business owners owe their customers a duty of care when they’re enjoying their goods and services. This means that they have to uphold all of their customers’ welfare and health while on their premises.

Of course, people who suffer from food allergies are responsible for managing their condition by avoiding foods that could trigger an allergic reaction. However, Burger King and other eateries are responsible for informing their customers about menu items that contain allergenic ingredients.

Here are some potential ways that negligence could cause an allergic reaction in Burger King:

• Not giving out proper Burger King allergy advice if you inform your server of your food allergy.
• Failing to remove an ingredient or item from your food, if requested and agreed to by the restaurant.
• Not providing adequate Burger King menu allergy information. For example, there should be a Burger King allergy list of allergenic ingredients provided on the menu and food packaging.
• Not warning if the food may contain traces of ingredients. For example, if the item is produced in a factory where nuts are used, Burger King must provide a warning, such as “may contain nuts”.

Foods that contain ingredients that can trigger the following allergies must be highlighted on menus and food packaging, by law:

• Nut allergies
• Egg allergy
• Milk allergy
• Dairy allergy
• Wheat allergy
• Soy allergy
• Cereal allergy
• Gluten allergy
• Celery allergy
• Seafood allergy
• Fish allergy
• Lupin allergy
• Mustard allergy
• Shellfish allergy
• Sulphur dioxide allergy

For example, if you suffer from a nut allergy, the restaurant should provide a Burger King peanut allergy alert. Similarly, Burger King should list the ingredients in the likes of their buns and hamburgers in their Burger King allergy guide, and elsewhere.

What Rights Does The Consumer Protection Act Give You?

The Consumer Protection Act 1987 provides a series of rights to customers. The Act states that if a consumer suffers any loss, injuries or damage due to negligence on the part of a manufacturer, the manufacturer may be deemed liable. Much of Burger King’s food is pre-prepared and prepackaged. Therefore if a food item is faulty or defective, such as a product containing ingredients that it is not supposed to have, Burger King could be held liable for an allergic reaction if it can be established that their duty of care was breached.

Failures To Notify Customers Of Potential Allergens

If you purchase food at Burger King and tell your server that you suffer from a food allergy, it is the server’s responsibility to warn you of any allergenic ingredients in your meal. If necessary they can consult a Burger King allergy list (information about the food) or confirm everything is safe with their manager. Should the restaurant not notify you that the food you are purchasing is unsuitable or dangerous for you to consume, this could be counted as a failure to warn. As a result, Burger King could be held liable for the triggering of an allergy at Burger King UK, provided you can prove they breached their duty of care.

I Did Not Inform Burger King Of My Allergy, Could I Still Claim?

Even if you didn’t tell your server at Burger King about your allergy, Burger King still owes you a duty of care. Food providers in the UK are legally required to provide correct information on any allergenic ingredients contained in their food. The information must be available on their food packaging and menu. Burger King’s allergy menu is also available online. 

If the required information about allergenic ingredients is not available on the food packaging, menu or the information provided online is incorrect, Burger King could be held liable for a customer’s injuries if they unknowingly eat food they are allergic to, triggering an allergic reaction. In such circumstances, it will be necessary to prove that the restaurant breached its duty of care and that you suffered harm as a result.

Burger King Allergy Menu

Here are the items available to purchase at most branches of Burger King. For allergy information please consult the online Burger King’s allergy menu.

Main Menu

• Whopper
• Steakhouse Angus
• Bacon Double XL
• Big King XL
• Double Whopper
• Triple Whopper
• Bacon King
• Classic Cheese Melt
• Chilli Cheese Melt
• BBQ Double Melt
• Double Cheeseburger
• Cheeseburger
• Bacon Double Cheeseburger
• Hamburger
• Whopper JR
• Kids Cheeseburger
• Kids Hamburger
• Chicken Fries
• Roadhouse Crispy Chicken
• Jalapeno Chicken Fries
• Crispy Chicken
• Chicken Royale Cheese & Bacon
• Chicken Royale
• Chicken Sandwich
• Chicken Strips
• Crispy Chicken Salad
• Nuggets
• Rebel Whopper
• Halloumi Bacon King
• Double Halloumi Chilli King
• Double Halloumi King
• King Fish
• Halloumi Burger
• Veggie Bean Burger
• Garden Side Salad
• Kids Veggie Burger

Breakfast

• Breakfast King
• Ultimate Breakfast Sandwich
• Bacon And Egg Sandwich
• Sausage And Egg Sandwich
• Bacon Butty
• Sausage Butty
• Hash Browns
• Quaker Porridge

Sides

• Mac ‘N’ Cheese Bites
• Chilli Cheese Bites
• Classic Fries
• Onion Rings
• Apple Slices

Sweet Treats

• Oreo Fusion
• Oreo Shake
• Chocolate Milkshake
• Strawberry Milkshake
• Vanilla Milkshake
• Caramel Sundae
• Chocolate Sundae
• Strawberry Sundae
• Ice Cream Cone
• Hot Chocolate Brownie

At the time of writing, Burger King is currently offering a reduced menu, due to the Covid-19 crisis. This means that not all of the items that we have listed may be available.

You may be wondering if there is a Burger King breakfast allergen menu? Information about allergenic ingredients used in Burger King breakfasts can be located on their website.

Compensation For An Allergic Reaction At Burger King Caused By Negligence

When eating at a Burger King, an allergy menu or list should be made available to you so you can check what is suitable for you to order. If you are eating at a Burger King and allergens are not listed or available in some other form, then this could be negligence and you could potentially claim if you are made ill as a result. Additionally, if you request an item without an ingredient due to an allergy and the ingredient is not omitted from your order, then this too could be negligence.

The figure that a claimant will receive for their pain and suffering caused by an incident such as this is called general damages. Legal professionals are responsible for calculating an appropriate general damages figure. They make use of a few different resources when accomplishing this task, one of which is known as the Judicial College Guidelines (JCG).

The JCG contains many different injuries with corresponding descriptions and guide figures that could be awarded in line with the severity of the symptoms. You can use it as a rough guide to see how much your injury or illness caused by negligence could be worth in general damages. The table below shows some example figures from the 2022 edition of the JCG. Additionally, you could also make use of our online compensation calculator.

However, the amount of compensation you can claim will vary depending on your individual circumstances. Get in touch today for a more accurate evluation.

What Special Damages Could Be Claimed?

If you make a successful claim, you will be awarded general damages and possibly special damages too. General damages are awarded to provide the claimant with compensation for any pain, loss of amenity or general suffering and loss of amenity which were caused by their injuries. 

The claimant may also be awarded special damages, which will reimburse them for any financial losses they have incurred as a result of being injured. Claimants can also look to recover any funds they have lost in relation to medical bills and the cost of travelling to access medical services, care costs and any income lost because of time taken off. Crucially, you need to evidence these expenses, so be sure to keep hold of all receipts.

How To Claim If You Have Suffered An Allergic Reaction In A Restaurant

Have you suffered an allergic reaction at Burger King due to negligence on the part of the business? Then Legal Expert can link you with a No Win No Fee solicitor to handle your restaurant allergic reaction claim. The vast experience our solicitors possess in handling personal injury claims means they know the ins and outs of the process. They will always strive to recover as much compensation as possible and will inform you of all progress they make in your case. You can learn more about the service we provide by reading online solicitor reviews that previous clients have left.

No Win No Fee Claims For Allergic Reactions After Eating Burger King

If you make your claim with Legal Expert, we can offer you the option to pursue your case on a No Win No Fee basis. What this means is that only in the event of your case succeeding, you will have to pay your solicitor a small, legally capped fee, so there is less financial risk involved. 

Under a No Win No Fee agreement, there are no fees to pay at the outset of the claim, nor while the claim is ongoing, and should the claim fail, your solicitor’s fees will be written off, meaning you won’t have to pay them. Call Legal Expert today, to enquire about making a No Win No Fee claim.

Talk To Us About Your Case

To begin your compensation claim, call Legal Expert on 0800 073 8804 for your free personal injury claims consultation. Alternatively, use our online claims form to reach us. We’re looking forward to hearing from you.

Resources

Thank you for reading our guide to the service that we can offer you if you suffer an allergic reaction after eating Burger King food. Below, you can find some further guides that you may find useful.

How Much Compensation Can I Claim For A Burger King Accident?

I Slipped In Burger King Can I Claim Compensation?

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

Guide by Chelache

Edited by Billing