In this guide, we will look at when food allergy claims could be valid. When you go out to eat at an establishment that serves food, you’re owed a duty of care. This includes responsibilities around allergens, accounting for the harm that they could cause.
Food allergy claims guide
This guide will look at what the duty of care that you’re owed is and the circumstances in which you may be able to make a claim for an allergic reaction. We will also look at the guideline compensation brackets that can be used to value settlements in successful claims.
You can ask any questions you might have about the claims process by using the following contact information. In just one call you can get a free consultation in regards to your food allergy claim.
Get in touch by:
- Calling us on 0113 460 1216
- Talking with one of our advisors by using the live support bubble to the bottom-right of this screen
- Enter your details into the contact us page on our website
Choose A Section
- When Can You Make Food Allergy Claims?
- Food Allergy Claims – When Could You Claim For Third-Party Negligence?
- Evidence That Could Be Used When Claiming For Food Allergy Negligence
- How Much Could You Receive From A Food Allergy Compensation Claim?
- Want To Make A Food Allergy Claim On A No Win No Fee Basis?
- Learn More About Food Allergy Claims
When Can You Make Food Allergy Claims?
You may be able to make a claim for an allergic reaction if you can prove that the allergic reaction happened due to third-party negligence. When you eat at a restaurant, cafe or other establishment that serves food, you’re owed a duty of care.
The Food Safety Act 1990 states the requirement for business owners not to do anything to food (including adding to and removing from it) that could damage the health of those eating it. The Food Information Regulations 2014 sets out the requirements for businesses to provide certain allergen information when serving food.
Allergic reactions can be very serious. They can prevent the injured person from being able to breathe properly. This can mean that oxygen is unable to travel around the body, which can cause brain injury, organ damage or another kind of life-changing injury. In some cases, an allergic reaction to food can be fatal.
What Allergens Are In Food?
The Food Information Regulations 2014 sets out the requirement for businesses to provide allergen information on the 14 main allergens that can be found in food. These are:
- Milk
- Celery
- Molluscs
- Crustaceans
- Fish
- Lupin
- Sesame seeds
- Mustard
- Nuts
- Peanuts
- Cereals containing gluten
- Soya
- Eggs
- Sulphur dioxide
This applies to food that is:
- Prepacked. This is food that is put into packaging before being put on sale. The ingredient list should be on the packaging. The allergens should be emphasised every time they appear on the list.
- Prepacked for direct sale (PPDS). This is where the food has been packed on the premises on which it’s sold, for example, sandwiches and salads made in a cafe. PPDS food must have a label with the allergens, and the allergens should be emphasised every time they appear on the list.
- Non-prepacked (loose) foods. Food businesses must supply information for each item that contains any of the 14 allergens. This could be on a menu or on a chalkboard, for example. The food business can also provide a written notice explaining to customers where to obtain this information, provided it’s clearly visible.
If you would like to know more about food allergy claims and whether you could be entitled to pursue compensation, speak with a member of our team today. They could also answer your questions about other aspects of the claims process, such as the time limit that applies to beginning a claim.
Food Allergy Claims – When Could You Claim For Third-Party Negligence?
An allergic reaction to food could be caused by a wide variety of different businesses that sell food, including cafes, bars, restaurants as well as food shops. Examples of these include:
- A product not fully detailing the ingredients on the packet. For example, you could eat an energy bar that has traces of peanuts in but this isn’t set out on the label.
- Your food is cooked in the same pan as something you’re allergic to. This could cause a reaction and you should be made aware of any potential cross-contamination.
- A PPDS sandwich is mistakenly labelled as another sandwich without the same allergens. This causes the person who eats it to suffer a reaction.
For more information on the different ways that negligence could cause you to suffer an allergic reaction, speak with a member of our team today.
Evidence That Could Be Used When Claiming For Food Allergy Negligence
Evidence is needed in food allergy claims. Some forms of proof that you can use to prove your claim include:
- A photograph of the food’s label or of the allergen information you were provided with.
- Contact details of potential witnesses. During the claims process any potential witnesses could be asked to provide a statement.
- A diary of your treatment and symptoms.
- A sample of the food that caused the allergic reaction.
Providing that you have a valid claim, you can utilize our panel of solicitors to help you gather evidence to support you. Speak with an advisor on our team today for free advice.
How Much Could You Receive From A Food Allergy Compensation Claim?
Personal injury settlements awarded in successful food allergy claims can include two separate heads of claim. General damages is the head of a claim that compensates for the pain, suffering and loss of amenity that you’ve experienced because of the harm you were caused by the allergic reaction.
Solicitors can use the Judicial College Guidelines to help them value the general damages head of your compensation claim. This is a publication made up of guideline compensation brackets that relate to a range of injuries and illnesses.
Please note though that these figures cannot be guaranteed. This is because every general damages head of claim has to be judged on its own merits.
| Harm | Guideline Compensation Brackets | Notes |
|---|---|---|
| Brain damage- Very Severe | £282,010 to £403,990 | Minimal or non-existent interaction with the world around them. A need for round-the-clock nursing care. |
| Brain damage- Moderately Severe | £219,070 to £282,010 | Very serious disabilities with a substantial level of dependence on others. Physical and cognitive disabilities can be included. |
| Brain damage- Moderate (i) | £150,110 to £219,070 | Moderate to severe effect on intellect. Change in personality and an impact on sight, speech and senses. No employability. |
| Brain damage- Moderate (ii) | £90,720 to £150,110 | Moderate to modest impact on intellect. Reduced ability to work to a great degree, or non-existent. Some epilepsy risk. |
| Brain damage- Moderate (iii) | £43,060 to £90,720 | Impact on memory and ability to concentrate. Small epilepsy risk and limited dependence on others. |
| Kidney | £169,400 to £210,400 | Serious damage to/loss of both kidneys. |
| Kidney | Up to £63,980 | Significant risk of infection in the urinary tract or another form of lost kidney function. |
| Kidney | £30,770 to £44,880 | One kidney is lost and the other undamaged. |
| Spleen | £20,800 to £26,290 | Loss of spleen entailing risk of internal infection. |
| Spleen | £4,350 to £8,640 | Minimal risk of internal infection because of loss of spleen, or where there is no risk at all. |
Claiming For Special Damages As Part Of A Nut Allergy Compensation Claim
Special damages are the second head of claim that you could be eligible to receive in a successful claim. This head of a claim aims to reimburse you for any financial losses that you may have experienced as a result of your injuries. For example, this could include:
- The cost of care
- Loss of earnings
- Medication costs
- Travel expenses to and from medical appointments
To receive special damages, you’ll have to provide evidence; this can come in the form of bank statements, invoices and receipts, for example.
To learn more about the potential compensation that could be awarded in successful food allergy claims, you can get in touch with our team. They might be able to connect you with a lawyer from our panel to work with you on your claim.
Want To Make A Food Allergy Claim On A No Win No Fee Basis?
Providing that you have a valid claim, you could receive legal representation from our panel of solicitors. If you choose to do so, you’ll be working under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
When working with a lawyer in this way you won’t be expected to pay any upfront or ongoing fees for your legal representation. As well as this, in the case that you’re unsuccessful in your claim, you won’t be asked to pay anything for your representation.
In the circumstance that you’re not awarded compensation at the end of your claim, you’ll pay a success fee. This is set out in The Conditional Fees Agreements Order 2013, which sets a legal cap to this percentage.
If you’d like to see if you could begin the process of making a claim with one of the No Win No Fee solicitors from our panel, then you can contact our team of advisors. Get in touch by:
- Calling us on 0113 460 1216
- Talking with one of our advisors by using the live support bubble
- Entering your details into the ‘contact us’ section of our website
Learn More About Food Allergy Claims
You can read more of our guides below:
- How to find quality personal injury solicitors
- What evidence is needed for a personal injury claim?
- Can I claim compensation for the loss of teeth?
- Can I Claim Compensation For A Food Allergy In A Restaurant?
Alternatively, you can use the following links to learn more:
- Food standards agency – key regulations
- Food standards agency – food and feed codes of practice
- Statutory Sick Pay
If you have additional questions about food allergy claims, speak with our team today for free advice.
Writer Louis Pen
Publisher Fern Stringer
