Can I Claim Compensation For A Food Allergy Reaction?

In this guide, we will explain when you could be eligible to make a personal injury claim for food allergy compensation after suffering an allergic reaction in a restaurant. Allergic reactions to food can be very severe and, in extreme cases, can cause anaphylaxis, potentially leading to a lack of oxygen affecting the brain and other organs. When visiting a place that serves food, you are owed a duty of care that involves responsibilities regarding allergens.  

food allergy compensation

Food allergy compensation guide

As we move through this guide, we will explain when you could be eligible to make a food allergy claim and include examples of how an allergic reaction could occur in a restaurant. Following this, we will look at how a food allergy compensation settlement could be calculated and discuss what evidence you could use to support your case. 

Finally, we will discuss when you could make a claim using a solicitor on a No Win No Fee basis. You can also speak to a member of our team at Personal Injury Claims Care to ask any questions that you may have. We have a team of advisors who are available 24/7 to give you advice and guidance regarding your potential claim.  

To get in touch: 

Choose A Section

  1. When Are You Eligible To Claim Food Allergy Compensation?
  2. Food Allergy Claims – When Could You Claim Against A Restaurant?
  3. What Amount Of Food Allergy Compensation Could You Receive?
  4. What Evidence Could Help You In A Food Allergy Compensation Claim?
  5. Claim For Food Allergy Compensation On A No Win No Fee Basis
  6. Can You Sue For An Allergic Reaction? – Read More Below

When Are You Eligible To Claim Food Allergy Compensation?

To pursue food allergy compensation following an accident in a restaurant, it is important that you can prove third-party negligence caused you harm. When you eat in a restaurant, you are owed a duty of care in relation to food allergies. If a third party were to breach this duty of care and cause you to have an allergic reaction, you could be eligible to make a claim.

As laid out by the Food Standards Agency, businesses are required to provide allergen information on the list of 14 main allergens when selling or providing food. They could do this by displaying full allergen information on the menu or on a chalkboard, or by providing a visible written notice that explains how you could obtain this information (for example, there could be a written notice telling you to ask a member of staff about allergens in your dish). It is also important that restaurant staff receive training on allergens.

The Food Information Regulations 2014 and The Food Safety Act 1990 are important pieces of legislation that lay out food laws surrounding allergen information. If these regulations are not adhered to, and there is a breach of duty of care, causing you harm, you may be eligible to claim food allergy compensation. 

Allergic reactions to food can range in severity from mild to severe and life-changing. Below, we will lay out the fourteen most common allergens. 

List Of Allergens In Food

There are fourteen allergens that businesses, such as restaurants, must provide information on. These include: 

  • Celery
  • Crustaceans
  • Cereals containing gluten
  • Fish
  • Eggs
  • Mustard
  • Milk
  • Lupin
  • Molluscs
  • Nuts
  • Peanuts
  • Soya
  • Sesame seeds
  • Sulphur dioxide (sometimes known as sulphites)

If you have had an allergic reaction in a restaurant caused by a breach of duty of care, which has caused you harm, you may be eligible to claim compensation. Please speak to a member of our team to find out more.  

Food Allergy Claims – When Could You Claim Against A Restaurant?

An allergic reaction to food in a restaurant could occur due to various causes. These may include:

  • There is no available allergen information for the food served in the restaurant.
  • Your food is cooked in the same pan as another dish that contains an allergen, but you aren’t told about this. This leads to cross-contamination.
  • There is a mistake in the allergy advice for the food you have chosen. This means you are unaware that the dish contains an ingredient that you are allergic to.  

If you would like to ask whether you could be eligible to claim food allergy compensation, please speak to one of our advisors. If you do have a legitimate claim, they could connect you with a lawyer from our panel. 

What Amount Of Food Allergy Compensation Could You Receive?

In all successful personal injury claims, there are two types of damages that can make up the award. These are special damages and general damages.  

Firstly, general damages can compensate you for any mental harm and/or physical pain and suffering caused by the allergic reaction. This accounts for factors such as the severity of the harm and how it affects your quality of life. 

In the following table, we have used the Judicial College Guidelines (JCG) to create a guide to general damages. Food allergy claims solicitors can also use this to help them value a personal injury settlement.  

Guideline Compensation Table 

Type of HarmSeverity of HarmNotesCompensation Bracket Guidelines
Brain Damage(a) - Very SevereThe individual will require full-time nursing care and will show little to no evidence of meaningfully responding to their environment. £282,010 to £403,990
Brain Damage (b) - Moderately SevereThe individual will be very seriously disabled and will need constant care.£219,070 to £282,010
Brain Damage (c)(i) - ModerateModerate to severe intellectual deficit with further problems. £150,110 to £219,070
Brain Damage (c)(ii) - ModerateModerate to modest intellectual deficit with further problems. £90,720 to £150,110
Brain Damage (c)(iii) - ModerateConcentration and memory are affected with further problems.£43,060 to £90,720
Kidney(a) - Serious and PermanentThe permanent serious damage to or the loss of both kidneys. £169,400 to £210,400
Kidney(b) - Total Loss of Natural FunctionThere is a significant risk of urinary tract infection in the future or another cause leading to the total loss of natural kidney function. Up to £63,980
Kidney(c) - Loss of One KidneyThere will be no damage to the other kidney.£30,770 to £44,880
Spleen(a) - Continuing RisksLoss of the spleen with continuing risks of internal infection and disorders due to immune system damage. £20,800 to £26,290
Spleen(b) - Minimal Risks The above risks will not be present or will be minimal. £4,350 to £8,640

Please note that this table is a guide. 

Claiming For Financial Losses After An Allergic Reaction To Food

You may also be eligible to receive special damages as part of your food allergy compensation settlement. This aims to reimburse you for the financial losses resulting from the harm you have suffered. This may include: 

  • Loss of earnings
  • Care costs
  • Travel expenses
  • Housing adaptations

It is also important to mention that you must prove these losses with evidence. This could involve payslips, travel tickets and bank records. 

Would you like a personalised estimate of the compensation that you could be eligible to receive? Speak to one of our advisors today. 

What Evidence Could Help You In A Food Allergy Compensation Claim?

It is necessary for you to provide evidence to support a food allergy compensation claim. This could include: 

  • The contact details of any witnesses.
  • Photographs of the food and any visible symptoms of your reaction. 
  • A photograph of the allergen information that you were provided in the restaurant.
  • A diary kept by you that shows the progression of your symptoms and explains any treatment you had. 

As part of the services a personal injury solicitor can offer, they can help you to gather the evidence needed for a personal injury claim. If you would like to find out whether you could qualify to speak to one of the solicitors from our panel, contact our advisors and explain the details of your potential claim. 

Claim For Food Allergy Compensation On A No Win No Fee Basis

Our panel of solicitors can offer to work on your personal injury claim on a No Win No Fee basis. A popular type of agreement that falls under the umbrella of No Win No Fee is a Conditional Fee Agreement (CFA). 

This would mean: 

  • No upfront payments for the services provided by your solicitor. 
  • No ongoing payments for your solicitor’s services.
  • Typically no payments for your solicitor’s services will be expected if your claim is unsuccessful. 
  • If your food allergy compensation claim is successful, your No Win No Fee solicitor can take a small amount of the compensation. This is known as a success fee and is calculated as a percentage capped by the law. 

To get in touch with one of our advisors and further discuss the potential benefits of using a No Win No Fee solicitor, you can: 

Can You Sue For An Allergic Reaction? – Read More Below

Please take a look at more guides on our website surrounding the topic of food allergy claims: 

Also, explore the following external links: 

Thank you for reading this guide on when you could be eligible to make a personal injury claim for food allergy compensation after suffering an allergic reaction in a restaurant. If you have any questions, please speak to a member of our team today via the contact information provided above. 

Writer Jess Oakland

Publisher Fern Stringer