When dining out at a restaurant, cafe or pub, the last thing you would expect is to suffer an allergic reaction. Restaurants and other eateries have a legal obligation to provide you with allergen information. If they fail to do so or serve you food you have informed them you are allergic to, you may have a valid case. If this is the case, you may be wondering how much compensation for a food allergy claim you could be awarded.
Key Takeaways
- According to the Food Standards Agency (FSA), around 6% of adults in the UK have a food allergy.
- The same resource highlights that 30% of adults had experienced some adverse reaction when eating foods.
- Tree nuts, peanuts and dairy products are some of the common triggers of a food allergy or intolerance.
- If allergens were not listed on a menu or food packaging or if your notification of an allergy is disregarded and you are served an allergen, you may have a valid claim.
- One of the personal injury solicitors from our panel could advise you on how much compensation for a food allergy claim may be worth and could help you to file a claim on a No Win No Fee basis.
Our advisors are on hand if you suffered an allergic reaction to food and want to know more about how to claim compensation.
- Call 0800 408 7826 for no-obligation free advice.
- Click here to contact us online.
- Get live support from an advisor by clicking below.
Jump To A Section
- How Much Compensation For A Food Allergy Claim Can I Get?
- How Is Food Allergy Compensation Calculated?
- Can I Claim For An Allergic Reaction To Food?
- What Are Some Of The Most Common Food Allergies?
- How Can Negligence Lead To An Allergic Reaction?
- What Evidence Do I Need To Make A Food Allergy Claim?
- What Is The Time Limit For Food Allergy Compensation Claims?
- Food Allergy Claims With How Much Compensation
- More Information
How Much Compensation For A Food Allergy Claim Can I Get?
How much compensation for a food allergy claim you could be awarded will depend on how severe your allergic reaction was and the impact that this has had on you. This is according to compensation brackets contained within the Judicial College Guidelines (JCG). The JCG is a resource used by solicitors and others involved in calculating the value of pain and suffering in personal injury claims.
This type of compensation is one of two forms which may be awarded and may be referred to as general damages. The second type of compensation, referred to as special damages, is discussed in the subsequent section.
In our table we include examples of relevant compensation brackets taken from the JCG. These are not guaranteed amounts, but are presented as guidelines on what different forms of harm may be awarded.
| Harm | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple forms of harm with the addition of special damages. | Severe. | Multiple forms of harm caused by an allergic reaction, including special damages, such as for medical treatment costs. | Up to £250,000+. |
| Digestive system. | B - Illness/ damage from an allergic reaction to food (i). | Causing acute pain as well as fever, diarrhoea and vomiting. | £46,900 to £64,070. |
| B - Illness/ damage from an allergic reaction to food (ii). | Short lived, but serious, instances of food-related illness. | £11,640 to £23,430. | |
| B - Illness/ damage from an allergic reaction to food (iii). | Food related illnesses which cause significant discomfort. | £4,820 to £11,640. | |
| B - Illness/ damage from an allergic reaction to food (iv). | Causing symptoms such as diarrhoea, pain and cramps. | £1,110 to £4,820. | |
| Lungs | F - Slight breathlessness | Slight breathlessness which does not Affect your ability to work. | £12,990 to £25,380. |
| H - temporary chest problems. | Temporary chest problems which have been aggravated but which resolve within a few months. | £2,690 to £6,500. | |
| Dermatitis and other skin conditions. | A - affecting both hands. | Symptoms include soreness and cracking which affect employment. | £16,770 to £23,430. |
| B - affecting one or both hands. | Symptoms continue for a significant period of time. | £10,550 to £13,930. | |
| C - Rashes, itches or irritation of one or both hands. | Symptoms are resolved within a few months of treatment. | £2,080 to £4,820. |
Please note that the first entry has not been taken from the JCG. Here we illustrate the total (potential) value of a claim when special damages are also included.
Please talk to an advisor if you would like further advice on how to use our compensation calculator.
How Is Food Allergy Compensation Calculated?
The value of a food allergy compensation settlement may be calculated by looking at the combined value of awards for pain and suffering (discussed above) and those for financial losses. Allergic reaction compensation claims could include the following financial losses:
- Loss of earnings and income. A severe allergic reaction could require you to take a period of time off work during your recovery. Depending on your health and workplace duties, you may also have had to return to work gradually or on reduced duties. Reclaiming these losses allows you to support yourself and loved ones whilst concentrating on recovering.
- Medical treatment costs. You may have had to pay out of pocket for medical treatment, which you could not access on the NHS, or had to pay for long-term prescriptions. These costs could be reclaimed.
- Care costs. You could recover the cost of care you have required. This may include help with domestic tasks or childcare.
- The cost of travelling to medical appointments. You may have had to use public transport, used a taxi or had to pay for hospital parking. These costs could be recovered as part of your claim.
In order for allergic reaction compensation claims to take these losses and costs into account, you must show what losses you suffered and how they were connected to the allergic reaction.
Evidence such as invoices and payslips must be supplied to support your case.
Our compensation calculator could help you to see what your claim may be worth. Please contact an advisor to find out how much compensation for a food allergy claim you could be awarded.
Can I Claim For An Allergic Reaction To Food?
Yes, you could claim for an allergic reaction to food purchased in a restaurant, shop or other establishment. In order to do so you must be able to prove third-party negligence.
When dining in a restaurant, purchasing freshly prepared or pre-packaged foods, you are owed a duty of care. The party serving you (whether a restaurant or other business) must adhere to food preparation and labelling legislation. The FSA sets standards on how customers should be informed about potential allergens.
Food businesses should adhere to the following regulations:
- The Food Safety Act 1990.
- The Food Information Regulations 2014.
- The Food Information (Amendment) (England) Regulations 2019,
Food providers may fulfil their duty of care by listening to and acting on your warning about an allergy, providing information visibly on menus and products or having the information available for customers or staff to check. They must also ensure staff are properly trained in dealing with food allergies. The failure to adhere to these regulations causing you to be harmed may be considered a breach of duty of care.
Your personal injury claim for a food allergic reaction must satisfy this criteria:
- You were owed a duty of care by the party serving you food.
- They breached this duty, by failing to adhere to legislation and serving you an allergen.
- The breach caused you harm.
If a loved one, such as a child, suffered an allergic reaction, you could make a claim for them. By acting as a litigation friend you may claim on behalf of a child or a person without the mental capacity to claim themselves. This is because such parties are legally unable to do so themselves. Later in this guide we will look at how long you have to claim on behalf of a loved one.
If you experienced food poisoning or an allergic reaction, please get in touch with our team to see if you could claim compensation.
What Are Some Of The Most Common Food Allergies?
Dairy, nuts and cereals are some of the most common food allergies in the UK. The FSA lists 14 regulated food allergens which food business operators in the UK must inform you of. These are:
- Celery.
- Cereals which contain gluten, such as oats, barley, wheat and rye.
- Crustaceans, such as crabs, prawns and lobsters.
- Eggs.
- Fish.
- Lupin.
- Milk and dairy products.
- Molluscs, such as oysters and mussels.
- Mustard.
- Peanuts.
- Sesame.
- Soybeans.
- Sulphates and sulphur dioxide.
- Tree nuts, including hazelnuts, almonds, brazil nuts, walnuts, pecans, cashews, macadamia and pistachios.
You can find further information on this in this resource on allergen guidance for food businesses from the FSA.
If you suffered an allergic reaction to food served in a pub or bar or from pre-packaged foods, you could claim compensation. Contact an advisor to find out more about how to claim compensation.
How Can Negligence Lead To An Allergic Reaction?
Negligence can lead to allergic reactions when restaurants, shops or other food businesses fail to take reasonable steps to protect individuals with food allergies.
Examples of how negligence could lead to an allergic reaction.
- Restaurants did not adhere to basic food hygiene standards, such as failing to adhere to The Food Safety (General Food Hygiene) Regulations 1995, Schedule 1(2)(c). This leads to cross-contamination, with allergens contaminating products which should not contain them. This leads to a customer eating food contaminated with an allergen and suffering a reaction.
- Food packaging or labelling did not clearly indicate the presence of allergens, such as indicating that it may contain nuts. Without this warning, a customer may purchase and consume an item, suffering an allergic reaction.
- A restaurant or other establishment did not provide allergy information on its menu or tell you where you could find such information. A customer may then order a dish without knowing that it contains allergens.
- You informed an establishment that you have an allergy, but they still served it to you.
- The wrong ingredients or preparation processes were used when making your dish.
In these circumstances, you may unknowingly purchase or be served foods containing allergens. If you suffer a reaction because of a breach of duty, negligence has occurred. To find out more or to discuss the situation that resulted in your allergic reaction, speak to an advisor now.
What Evidence Do I Need To Make A Food Allergy Claim?
Evidence such as the original food packaging, photographs of menus, and witness statements may all be used to support your claim. You must present sufficient evidence to show that your case meets the criteria set out earlier in this guide.
A solicitor could assist in collecting evidence, such as,
- Food packaging. This may include any labelling on the product which clearly shows that allergens were neither listed as ingredients or that the product may contain an allergen.
- A medical report. If you do work with one of the solicitors from our panel, they may ask that you visit an independent medical professional. This professional would then carry out an assessment of how you were harmed and produce a subsequent report.
- Photographs of the menu or food labelling. If you purchased your food in a restaurant, you can take a photo of the menu, illustrating that there was no information indicating the presence or potential presence of an allergen.
- Photographs of visible symptoms. Visible symptoms may include hives, rashes or your eyes, face or other body parts swelling up.
- Witness contact details. You may request that anyone who witnessed you inform the food provider of your allergy provide a statement to support your account. Make a note of their contact information so a solicitor can collect a statement at a later time.
You can get help and advice on the types of evidence that could support allergic reaction claims by talking to an advisor. Please get in touch for support with your claim.
What Is The Time Limit For Food Allergy Compensation Claims?
The time limit for an adult to make a food allergy compensation claim on their own behalf is 3 years. This is in line with the Limitation Act 1980.
There are also circumstances in which exceptions to this time limit may be made. Primarily, exceptions may be made when making a claim for someone else (such as the parties discussed earlier in this guide). These exceptions are for,
- People under the age of 18. As minors are not able to make a claim themselves, the time limit in their case does not begin until they reach adulthood (18 years of age). It then runs for 3 years until they are 21.
- People who do not have the mental capacity to claim. The time limit will not go into effect unless this party regains their ability to make a claim.
Litigation friends may initiate a claim at any point whilst the time limit is not in effect. If the litigation friend does make a claim, no subsequent claims can be made by the person harmed.
Please contact our advisors if you are unsure how long you have to make a food allergy compensation claim for yourself or a loved one. They can also estimate how much compensation for a food allergy claim you could be awarded.
Food Allergy Claims With How Much Compensation
There are several key benefits to making food allergy claims with How Much Compensation. One of the key benefits is being able to work with a personal injury solicitor from our panel under a form of No Win No Fee contract. This is called a Conditional Fee Agreement, or CFA.
By using a CFA, the solicitor is able to provide their services, taking on your case without you needing to pay for their work in advance. In fact, under a CFA, solicitors’ fees are only charged if and when you are awarded allergic reaction compensation.
If you do win, your solicitor would charge a success fee. This fee is deducted from your compensation by the solicitor. The fee is charged as an agreed percentage of your compensation. To ensure that you know in advance what you may be charged, the maximum percentage which can be deducted is limited by law. This limit also ensures that you receive the bulk of your compensation.
Further benefits of making food allergy claims with How Much Compensation include,
- An explanation of and guidance through the claims process.
- Help accessing specialist care, such as rehabilitation services.
- Help gathering evidence of your allergic reaction, such as obtaining copies of your medical records.
- Negotiating with the defendant’s representatives to secure you the best possible settlement.
Get In Touch With Our Advisors
You can get in touch with our advisors today to discuss how much compensation for a food allergy claim you could get by,
- Calling 0800 408 7826.
- Sending a message using our contact form.
- Talking to an advisor using our live support.
More Information
Find more information on related claims and food allergies in these resources.
- Here you can find more information on how much compensation for PTSD you may be eligible to claim.
- Get more information on how to use our compensation calculator here.
- Learn more about pub or bar accident claims in this guide.
References.
- Find advice on eating out, parties and events in this FSA resource.
- Get further information on anaphylaxis in this NHS resource.
- Learn about food allergies in babies and young children in this NHS guide.
Please contact our advisors for a personalised assessment of how much compensation for a food allergy claim you could be awarded.
