It is estimated that twenty million people in the UK suffer from some kind of allergy. If you are one of these people and you experience an allergic reaction after eating at a pub restaurant providing you can prove that it was caused due to a breach in the duty of care the food provider has for you, you could seek compensation for your pain and suffering.
Allergic reaction after eating at pub restaurant claims guide
We have put together this guide to claiming compensation after suffering a food allergic reaction in a gastropub that was caused through negligence to help you understand what you can do, what rights you have, and what responsibilities fall to the businesses that sell food whether onsite, take-away or other. We explain what evidence is required to prove liability and how a No Win No Fee solicitor could represent you when filing a claim against the responsible party.
If you are ready to start your allergic reaction claim after eating at a gastropub, please get in touch with an adviser today on 0800 073 8804. If, however, you would like more information on how to go about making this type of claim, please continue reading through our guide by clicking on the sections below,
Select a Section
- A Guide To Claims For An Allergic Reaction After Eating At A Pub Restaurant
- What Is A Food Allergic Reaction In A Gastropub?
- What Triggers Cause Allergic Reactions?
- Top Pub Restaurant Chains In The UK
- How Many People In The UK Have A Food Allergy?
- Can You Ask That Allergens Are Left Out Of Your Food?
- Legal Protections To Allergen Sufferers
- When To Tell A Pub You Are Allergic To A Food
- Pub Restaurant Allergy Damages Calculator
- No Win No Fee Claims For An Allergic Reaction After Eating At A Pub
- Contact An Expert
- Guides And Sites Where You Can Learn More
A Guide To Claims For An Allergic Reaction After Eating At A Pub Restaurant
If you are a food allergy sufferer and you would like to know how to go about seeking compensation from a responsible party, our guide explains the process of making an allergic reaction claim after eating at a pub restaurant. We go into the sort of evidence that is needed to show that another party could be deemed liable for the suffering you were caused. We also explain the different symptoms associated with an allergic reaction to food whether mild or more serious.
Our guide goes into how a solicitor could represent you on a No Win No Fee basis once it has been determined your case against a responsible party is strong. We explain how Conditional Fee Agreements work and how you would not have to worry about finding the money to pay an upfront fee or fees as your case progresses.
We then explain the sort of damages you may be able to include in an allergic reaction after eating at a pub restaurant claim. We explain the difference between general damages and special damages. We also provide an idea of how much in the way of compensation you could be awarded in a successful pub food-allergic reaction claim. Our guide provides essential reading on the law regarding businesses that sell food to consumers and how a failure to provide correct information on whether a dish or drink may contain certain allergens could allow you to seek compensation by pursuing a claim against the responsible party.
To find out more on how Legal Expert could assist you, please speak to one of our advisers on 0800 073 8804 today.
What Is A Food Allergic Reaction In A Gastropub?
There are many foods and ingredients which could trigger an allergic reaction. This is when your body’s own immune system sees an allergen as being harmful and therefore tries to rid your body of it. The sort of reaction you experience may be mild or it could be a lot more severe and even life-threatening. Minor symptoms associated with a food allergy reaction could include the following:
- Itchiness
- Hives
- Rhinitis – nasal congestion
- Rashes
- Itchy or runny eyes
- Scratchy throat
- Sneezing
Anyone who suffers an allergic reaction may also experience extremely severe, life-threatening symptoms which require emergency treatment.
What Does Anaphylactic Shock Look Like?
If you suffer an allergic reaction to pub food and the symptoms are severe, you could go into anaphylactic shock. This requires immediate medical treatment because the condition can be life-threatening. The symptoms of anaphylaxis can come on quickly and can worsen extremely quickly too. Symptoms of anaphylactic shock are detailed below:
- Trouble with your breathing
- Your tongue becomes swollen
- You experience tightness of the chest
- You have difficulty swallowing and speaking
- You feel dizzy
- You may collapse
Should you suffer an allergic reaction to pub food and you experience any of the symptoms listed above, you must seek medical attention as a matter of urgency.
What Triggers Cause Allergic Reactions?
There are numerous foods which could trigger an allergic reaction which includes those listed below:
- Fish
- Milk
- Eggs
- Tree nuts which include hazelnuts, Brazil nuts, cashew nuts, pistachios, and almonds
- Wheat
- Fruit
- Soy
- Vegetables
- Cereal
- Gluten
- Celery
- Lupin
- Mustard
- Sulphur which is found in many types of meat, duck, ham, turkey.
If you are allergic to the ingredient listed above and they are not detailed on the menu you may choose a dish which may cause you to have an allergic reaction. This could entitle you to seek compensation providing you can show the pub where you ate could be held liable.
To find out how Legal Expert can help you make a claim for compensation against the party who could be liable for the pain and suffering you were caused, please get in touch today on 0800 073 8804.
Top Pub Restaurant Chains In The UK
Pub restaurants that are popular within the UK include:
- Ei Group PLC
- Mitchells & Butlers PLC
- Admiral Taverns
- D. Wetherspoons
- Wellington Pub Company
- Stonegate
- New River Retail
- Whitbread
- Trust Inns
- Young & Co’s Brewery
How Many People In The UK Have A Food Allergy?
One in four people are known to suffer from allergies whether the condition is triggered by food or something else. If you are one of these people, the symptoms you experience may only be mild but they may also be a lot more severe. Food allergies in certain people could even prove fatal.
Statistics show the UK has one of the highest numbers of allergy sufferers in the world with more than 20% of the population being affected by some kind of allergy. It is estimated that 44% of adults in the UK are known to suffer from an allergy with the numbers being on the rise.
Between 2008 and 2009 the number of people who suffered from an allergy rose by about 2 million alone with almost half these suffering from more than a single allergy. Studies established that over 20 years to 2012 the number of people admitted to hospital suffering from anaphylaxis rose by over 600%.
The most common food allergy triggers include the following:
- Dairy products
- Eggs
- Nuts
- Shellfish
- Soy
- Cereal
- Wheat
- Fruit
- Celery
- Gluten
If you have been provided with incorrect allergen information possibly on a menu and you go onto suffer an allergic reaction it may be possible to make a claim for your suffering. For more information on how Legal Expert can determine liability, please get in touch today.
Can You Ask That Allergens Are Left Out Of Your Food?
A restaurant, pub or another food outlet that offers prepared dishes to consumers is under no obligation to take out allergens if requested. However, if they agree to serve you food without the allergens you have requested to be taken out they must ensure the dishes or drinks you are served would not put you at risk of suffering from an allergic reaction. A failure to take out the allergens when pre-agreed or inform you that the allergens remain in the food may entitle you to seek compensation for the suffering you were caused.
Do Pubs Have To Leave These Ingredients Out?
If you eat in a pub and have an allergic reaction to the food you ate, the symptoms you experience could be minor or something a lot more severe which could include anaphylaxis. If you asked for specific ingredients to be left out and the food provider agreed that they could be left out but you were served food with them in you may have grounds for a personal injury claim. All businesses that provide food to the consumer must let you know if specific allergens are used in the food and drink prepared on their premises.
There are fourteen (14) allergens that are known to be triggers which are detailed below:
- 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
You must always check with a waiter or person who serves you whether any other allergies which you are allergic to are used in the dishes they prepare.
Food providers must provide allergen information in writing which includes on a menu or via a prompt which explains how you can get the relevant information. This includes asking members of staff about any allergens used in their dishes you would like to order.
To find out how Legal Expert could help you file an allergic reaction after eating in a pub claim, please get in contact today.
Legal Protections To Allergen Sufferers
As previously touched upon, food outlets which include restaurants, takeaways and other retail food outlets must comply with the applicable laws.
Regulations/laws that cover food include the following:
- Section 14 of The Food Safety Act 1990
- Section 15 of The Food Safety Act 1990
- Article 14 of EC Regulation 178/2002 (General Food Law Regulation)
- Article 28 of EC Regulation 178/2002 (General Food Law Regulation)
Information Which Pubs Should Provide To Diners
As previously covered, (Article 14 of the EC General Food Law Regulation) clearly states that businesses selling or serving food to consumers must ensure the food they sell/serve is safe for the public to consume. The law obliges them to provide details of all ingredients on labels and they must provide information on the 14 main allergens.
If a pub or other food outlet fails to abide by the laws regarding food labelling and information they must provide, and you experience an allergic reaction the food consumed you could have grounds to seek compensation.
If you would like to speak to one of our advisers about claiming compensation from a responsible party, please get in touch today.
When To Tell A Pub You Are Allergic To A Food
It is estimated that around 20 million people in the United Kingdom suffer from allergies which makes their lives extremely difficult more especially when it comes to eating out or having a takeaway. However, there are things you can do and ask to ensure the food you are served is safe for you to eat when ordering from a menu. You could ask the following when dining out in a pub or Gastropub:
- Ask the waiter who serves you how a dish is prepared and what ingredients are used in its preparation
- Politely ask the waiter if there is any risk of a dish being cross-contaminated
- Ask the person serving you to make a note of your allergies so these can be passed on to the chef who prepares the food you order
- Make sure you check if dishes you want to order are allergen-free and free from any sort of derivates which could trigger an allergic reaction
- As soon as your food arrives, check that it is what you have ordered
- Always check with the waiter again that a dish does not contain any allergens even if you did so before ordering a dish
- If you are under the impression that a waiter is not taking you seriously, leave the pub and go elsewhere
For more information on how Legal Expert can help you seek compensation if you suffered an allergic reaction after eating in a pub and your suffering was caused through negligence, please get in touch today.
Pub Restaurant Allergy Damages Calculator
We have provided a table offering a general idea of how much compensation you could be awarded in a successful allergic reaction claim. The amounts included in the table are levels of compensation awarded in general damages and are taken from the Judicial College Guidelines.
| Sort of Injury | Details | Compensation Payments Amounts |
|---|---|---|
| Poisoning | Serious toxicosis -diarrhoea, sickness, fever and severe acute pain. | £36,060 to £49,270 |
| Poisoning | Significant tiredness with stomach cramps, diarrhoea, and vomiting, bowel dysfunction, pain/discomfort. | £8,950 to £18,020 |
| Poisoning | Poisoning that was causing significant discomfort, stomach cramps, alteration of bowel function and fatigue. | £3,710 to £8,950 |
| Poisoning | Varying degrees of disabling pain, cramps, and diarrhoea. | £860 to £3,710 |
You would also be entitled to seek special damages if you win your claim against a responsible party which is covered in the section below.
For a more accurate idea of the compensation you could receive, please call one of our advisers today.
What Is A Special Damages Claim?
On top of the general damages you could be awarded for the pain and suffering you were caused in a successful allergic reaction after eating in a pub claim, you could seek special damages to compensate you for all your out of pocket expenses. This means you could claim for the following:
- The expenses paid out for medical treatment, prescriptions, therapy, rehabilitation
- The cost of ‘care’ should you need help around the home while you recover
- Your travel costs which could cover the money you paid out to get to and from the place where you were being treated whether you go by car, taxi, train, or bus
- Your loss of income and any loss of future earnings
- Any other expenses incurred because of your suffering.
To claim back special damages, you must provide receipts of your expenditure and relevant documents regarding any loss of earnings and future income. For more information, please get in touch with an adviser today.
No Win No Fee Claims For An Allergic Reaction After Eating At A Pub
At Legal Expert, we provide claimants with the option to work with a solicitor on a No Win No Fee basis once your claim is deemed to be strong enough to succeed. You would be asked to sign a CFA – Conditional Fee Agreement. This is a legal contract that sets out the T&Cs as well as the ‘success fee’ that would only be payable when you are awarded compensation for your pain, suffering and out of pocket expenses.
You would be also offered an initial consultation that is free of charge and you would be under no obligation to pursue your case should you not want to. This initial consultation allows for your claim to be assessed.
Contact An Expert
To start your allergic reaction after eating at a pub claim, you have several options on how to contact Legal Expert which are detailed below:
- Phone 0800 073 8804
- Email at office@legalexpert.co.uk –your message will be answered without delay
- Our Live Chat
- Our online claim’s form
Guides And Sites Where You Can Learn More
The links below take you to different websites where you will find valuable information on how to cope with an allergic reaction:
The link below takes you to the Food Standards Agency where you will find useful information on what to do if you or someone you know suffers a food allergy reaction:
For more information on how to go about claiming compensation for a food allergic reaction caused by someone else, please click on the link below:
For more information on claiming compensation for an allergic reaction after eating at a pub restaurant or other food outlet, please click on the link we have provided below:
Written By Wood
Edited By Melissa.
