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When you have a gluten allergy, you rely on restaurants and food manufacturers to take certain precautions to prevent you from being exposed to the allergen. Unfortunately, mistakes made before, during, or after food preparation can have detrimental effects on consumers and lead to them experiencing life-threatening conditions like anaphylaxis. If you were harmed by an allergic reaction to gluten that was the result of another party’s failure to uphold food safety standards, you may have grounds to seek personal injury compensation. Gluten allergy claims often help those affected to move on to the next chapter of their lives.
Key Takeaways
- Many individuals need to avoid gluten due to intolerance, allergies and coeliac disease
- It is the duty of restaurants and food manufacturers to take steps to make you aware of major allergens in food
- An allergic reaction to gluten can cause rashes, breathing difficulties and anaphylactic shock
- Examples of food allergy negligence often involve improper labelling, cross-contamination, and recipes not being properly followed
- Gluten allergy compensation can cover the mental, psychological, and monetary impact you have suffered
It can be difficult to figure out whether you can sue for an allergic reaction. Speak to our advisors today for free advice. They can explain the requirements of claiming and the services that a solicitor from our panel could provide you with. Why not get in touch to confirm whether you could start a No Win No Fee claim today? A compensation award could help you to prioritise your recovery and reduce the financial stress of dealing with the impact of an allergic reaction to gluten.
Jump To A Section
- Can I Claim For An Allergic Reaction To Gluten?
- Examples Of Gluten Allergy Claims
- What Complications Could A Gluten Allergy Result In?
- Fatal Gluten Allergy Claims
- How Much Compensation Could I Claim After An Allergic Reaction To Gluten?
- What Should I Do After Suffering From A Gluten Allergic Reaction?
- Why Make Gluten Allergy Claims With Legal Helpline?
- Can I Claim For An Allergic Reaction To Gluten On A No Win No Fee Basis?
- Learn More
Can I Claim For An Allergic Reaction To Gluten?
Yes, you can make a claim for an allergic reaction to gluten on the condition that you suffered harm because a food business failed to meet its legal obligation to protect your safety. This can be broken down into the following set of criteria:
You Were Owed A Duty Of Care
A duty of care is the legal responsibility of specific third parties to protect the safety of others. For restaurants, cafés, retailers, manufacturers, and other businesses that produce, sell, or store food, this duty of care is primarily governed by the General Food Regulations 2004 and the Food Safety Act 1990. These pieces of legislation require food suppliers to ensure food is safe to consume, has correct and appropriate labelling, and is not altered in a way that would be harmful to health.
Further legislation places specific obligations on food vendors concerning allergens:
- Natasha’s Law: Requires businesses to fully list ingredients and allergen labels for food items prepared and packaged on premises where they are sold to consumers.
- Food Information Regulations 2014: These regulations require food and drink suppliers to declare any ingredients from the 14 major allergens used, including those containing gluten (found in wheat, rye, oats, and barley).
There Was A Breach Of Duty
It will then be necessary to show that a restaurant, takeaway, or other food business failed to uphold its duty to you. If there is a failure to comply with food safety legislation, this may be said to be a breach of duty. Breaches may occur if a business incorrectly tells a consumer that a dish is gluten-free, fails to include gluten ingredients on the labelling for a product containing wheat, or does not practice good hygiene, leading to cross-contamination.
This Caused You Harm
Finally, the negligent action of the food business must result in you experiencing some form of harm. It is important to note that bodily reactions vary depending on whether you have a gluten-related condition (such as coeliac disease), severe gluten sensitivity, or a wheat allergy. Gluten intolerance often manifests as stomach cramps, bloating, and diarrhoea, but can also result in intestinal damage. Allergic reactions to wheat or other kinds of gluten can trigger swelling, respiratory issues, and potentially lead to life-threatening anaphylactic shock.
You may find yourself questioning whether you meet each part of the criteria. Instead of trying to figure this out yourself, you may find it easier to speak with one of our expert advisors. They can confirm your eligibility to claim and explain whether a solicitor from our panel could guide you through the personal injury claims process.
Examples Of Gluten Allergy Claims
Examples of gluten allergy claims often relate to food labelling errors, cross-contamination and the use of incorrect ingredients. Read below for more detailed examples:
- You order a dish at an Italian restaurant that is listed as gluten-free, but you have an allergic reaction while eating it. This resulted from the chef using ingredients not listed in the original recipe displayed on the menu. You suffer from severe stomach cramps and anxiety because of the event.
- While eating in a café, you are served a sandwich that is advertised as gluten-free. However, the kitchen staff failed to properly clean the utensils, contaminating your food with gluten. This causes you to go into anaphylactic shock, and you require urgent medical treatment.
- After eating a gluten-free labelled product that you purchased from a grocery store, a rash appears on your skin, and you start to have difficulty breathing. They made the product without stating on the label that it contained gluten, leading to you having a severe reaction and developing anxiety from your experience.
- A menu at the restaurant you are dining at does not list allergy information, but your waiter assures you they will inform the kitchen and that the dish you have ordered does not contain gluten. You subsequently have a severe allergic reaction while eating, including persistent diarrhoea, stomach cramps, and tiredness.
These are just a few scenarios for which you could make a gluten allergy compensation claim. Your experience may have been different, so get in touch with one of our advisors to discuss the specifics of your claim. They can answer questions you may have about whether there are grounds to start legal proceedings.
What Complications Could A Gluten Allergy Result In?
A gluten allergy reaction can result in various complications, including skin rashes, stomach cramps, and bloating. It is common to also experience digestive difficulties when going to the toilet, such as diarrhoea or constipation. Additionally, some individuals may experience sleep disruption or psychological effects, such as depression and anxiety.
In serious cases, exposure to gluten can result in anaphylactic shock. This can cause severe breathing problems and may be fatal without urgent and appropriate treatment.
You can make an enquiry with our advisory team today to discuss the effects of your allergic reaction to gluten. They can explain whether you have a valid case and further outline how gluten allergy claims work.
Fatal Gluten Allergy Claims
Another person can make a fatal gluten allergic reaction claim in the event that a loved one has died due to the negligent actions of a food provider or other liable third party. During the first 6 months after the fatal reaction, only the estate of the deceased can make a claim. If this period passes without a claim also being made on behalf of eligible relatives, then a loved one may qualify as a dependant to seek compensation for the impact of the death under the Fatal Accidents Act 1976. For instance, a child or parent of the deceased could start a compensation claim.
You can read our guide on fatal accident claims for additional information. Our advisors are also available 24/7 and have experience in handling such enquiries. They will give you the straightforward answers that you need.
How Much Compensation Could I Claim After An Allergic Reaction To Gluten?
How much compensation you could claim after an allergic reaction to gluten will depend on the specific psychological, physical, and financial impact of being harmed. The initial aspect of the compensation to consider is general damages. Under this head of claim, you are compensated for your pain and suffering. In terms of an allergic gluten reaction, this might relate to damage to your digestive system or bowels, as well as dermatitis.
When evaluating general damages, those assessing your case may use suggested compensation brackets that are laid out in the Judicial College Guidelines (JCG). We have included some JCG figures in the table below, but they should only be considered general guidelines. Calculating compensation is a complex process that aims to reflect various unique aspects of your experience. Therefore, these compensation guideline figures cannot be used to guarantee your compensation settlement. Please note that the 1st figure does not come from the JCG.
| Type and Severity of Injury | Compensation Guideline Bracket | Notes |
|---|---|---|
| Multiple instances of harm resulting in financial losses | Up to £500,000+ | Multiple types of harm due to an allergy with financial repercussions such as medical bills, travel costs and payments for therapy |
| Bowels- total loss of natural functioning | Up to £183,190 | There will be a dependence on a colostomy bag |
| Bowels- passive incontinence and faecal urgency that persists after surgery | In the region of £97,530 | This can cause distress and embarrassment for the person claiming |
| Asthma- severe and disabling | £52,550 - £80,240 | Issues include disturbed sleep, regular and prolonged coughing and impaired enjoyed of life |
| Asthma- chronic | £32,090 - £52,490 | The claimant will need to use an inhaler for a long time and have restricted employment prospects |
| Digestive system- severe toxicosis requiring hospitalisation | £46.900 - £64.070 | There will be some degree of continuing irritable bowel syndrome, incontinence and impact on life enjoyment |
| Digestive system- serious but short-term food poisoning | £11,640 - £23,430 | Symptoms may include vomiting and diarrhoea that diminishes over a period of 2 to 3 weeks |
| Digestive system- allergic reaction causing significant discomfort | £4,820 - £11,640 | Associated issues include fatigue, changes to bowel function and stomach cramps |
| Digestive system- varying degrees of symptoms | £1,110 - £4,820 | For some days or weeks the claimant will have experienced diarrhoea, cramping and disabling pain |
Can Gluten Allergy Claims Compensate For Any Other Losses?
Yes, financial losses can also be recovered through No Win No Fee gluten allergy claims under a part of the compensation called special damages. If you are able to supply evidence, such as receipts, bank statements and payslips, you could add the following costs to your personal injury claim:
- Lost income, as well as future reductions in earnings
- Medical expenses related to consultations or treatments from private gastroenterologists and specialist dieticians
- Prescriptions for medications and supplements, which may be necessary if the gluten reaction led to malabsorption
- Care from family members or others to help with meal prep or other tasks, if you experienced a severe reaction like anaphylaxis
- Travelling back and forth for medical appointments
- Cancellation of holidays, weddings, or other events if you were unable to attend because of an allergic reaction
You may find it helpful to contact our advisors, who can provide a free case assessment. By explaining the impact that the gluten allergic reaction has had on you, they can highlight relevant considerations that may influence how compensation might be calculated. This tailored service can give you a better idea of how a compensation award could help you, without there being any requirement to proceed afterwards. Should you have any questions about what gluten allergy compensation can cover, speak with our enquiries team today.
What Should I Do After Suffering From A Gluten Allergic Reaction?
After suffering from a food allergy, you should start to gather evidence of what you suspect led to your experience and confirm how long you have to start legal proceedings. See below for more information regarding these aspects of the claims process.
How Can I Prove Fault For An Allergic Reaction To Gluten?
You can prove fault in an allergic reaction compensation claim by supplying a copy of your medical records, photos of food labels and contact details of witnesses. It is important that you can prove the harm you have suffered and how the actions of another party caused it. Read more about the different ways of proving a personal injury in our evidence guide.
Is There A Set Time For Bringing Gluten Allergy Claims?
Yes, there is generally a 3-year time limit for bringing gluten allergy claims, which starts from the date that the reaction occurred. This is owed to the Limitation Act 1980. However, when the affected person is below the age of 18 or mentally incapacitated, there may be a pause on this limitation period.
Our time limit guide offers further insight regarding how long you have to proceed. Should you wish to talk with an expert advisor, you can also contact our team to find out more.
Why Make Gluten Allergy Claims With Legal Helpline?
Our panel of solicitors have developed their skills and services over the years to ensure that claimants have the support they need throughout the entire process. More specifically, they assist with gluten allergy claims by:
- Explaining how to prove that another party caused your allergic reaction
- Making convincing arguments for the maximum compensation total to be paid for you
- Helping you to understand any complex aspects of the claims process
- Managing correspondence with other parties on your behalf
- Supporting your recovery after the reaction by helping you connect with specialist gastroenterologists and dieticians who understand gluten-related conditions
There are countless other benefits to working with our panel, so contact an advisor today to check whether you qualify. With decades of combined experience, you can trust that our panel know the ins and outs of making a successful personal injury claim.
Can I Claim For An Allergic Reaction To Gluten On A No Win No Fee Basis?
Yes, you can claim for an allergic reaction to gluten on a No Win No Fee basis as our panel works under these terms. In order to proceed through such an arrangement, you will need to sign a Conditional Fee Agreement (CFA). This offers the benefit of not having to pay service fees for your solicitor’s work:
- Before you start the process of claiming
- As your claim progresses
- If you do not get allergic reaction compensation
However, should you claim compensation, a success fee will be owed. This refers to a percentage that your solicitor deducts from the compensation. The percentage is contained by a legally-binding cap, so you don’t need to worry about losing out. The majority of the compensation will remain with you.
Contact Legal Helpline’s Team Today
You may be wondering what steps you can take next to find out more information. Our advisors are ready to assess your case and let you know whether a solicitor from our panel could take your claim forward. This also gives you the chance to raise any questions you may have about gluten allergy claims and the factors that may affect your compensation payout.
- Submit an online enquiry form
- Make a call on 0333 000 0729
- Use the pop-up window in the corner to access a live chat
Learn More
Read our other guides below:
- Find out how to claim for an allergic reaction to fish
- Learn about peanut allergy claims
- Check whether you could claim for a soybean allergic reaction
External resources:
- Visit the NHS guide on coeliac disease
- Read the allergen guidance for food businesses provided by the Food Standards Agency
- Follow the NHS guidance on anaphylaxis
Thank you for taking the time to read this guide on gluten allergy claims.