Allergic Reaction After Eating Kebab Takeaway – Can I Claim Compensation?

    How Much Could I Claim For A Kebab Shop Food Allergic Reaction?

    If you ordered a meal in a kebab takeaway and suffered an allergic reaction, you could seek compensation for the pain you were caused. You would have to prove negligence on the part of the takeaway for an allergic reaction claim to be valid.

    This guide to claiming compensation for a kebab takeaway allergic reaction provides advice on how to prove your case, and why a solicitor could act on your behalf by offering No Win No Fee terms. We also explain how much a kebab food shop allergy claim could be worth, and how general damages and special damages can be claimed while explaining how both are calculated.

    Allergic reaction after eating Kebab Takeaway compensation claims guide

    Allergic reaction after eating Kebab Takeaway compensation claims guide

    We provide information on how you could benefit from being represented by a No Win No Fee lawyer and we explain how a Conditional Fee Agreement works. We also provide you with an idea of how much you could receive in compensation based on the Judicial College Guidelines for general damages awarded in personal injury claims.

    For more advice and information on how to go about claiming compensation for a kebab takeaway allergic reaction, please continue reading our guide.

    If you would like to discuss your claim with a Legal Helpline adviser, please do so by calling the following telephone number 0161 696 9685.

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    A Guide To Claiming For A Kebab Shop Takeaway Allergic Reaction

    Our guide to claiming for a kebab shop takeaway allergic reaction provides essential advice on how to prove liability on the part of a takeaway. We explain the consequences a reaction could have on you and your rights when dining in or taking food away. We also provide information on the best kebab restaurants in the UK, and how you should notify a takeaway of your allergy before you order anything.

    We explain how you can request that potential allergens are not served in the meals you order from a kebab takeaway. Our guide also provides advice on the statistics on takeaway food allergies in the UK. In addition, we offer information on what could trigger an allergic reaction.

    Our guide provides advice on how compensation for a kebab takeaway allergic reaction would be calculated, and we explain the difference between general damages and special damages. We also offer advice on how you could benefit from having a No Win No Fee solicitor from our panel represent you on a No Win No Fee basis, taking all the worry of finding the money to pay a lawyer when you need legal representation the most.

    To discuss your claim for allergic reaction to kebab takeaway food with a Legal Helpline adviser, please call us on the number at the top of this page.

    What Is A Kebab Shop Allergic Reaction?

    You could order something from the menu at a kebab takeaway that contains an ingredient that could trigger a reaction. It could be anything from gluten to soybean, or sesame to dairy, but whatever it is, if you were not made aware of the allergen, you could seek compensation for the pain you were caused.

    This would be the case if you notified the takeaway of your allergies and they agreed to serve you but did not take out the foods you requested they did. It could also arise in cases of cross-contamination.

    What Could Cause You To Have An Allergic Reaction?

    You could suffer a reaction to a multitude of foods whether it is tree nuts, wheat, gluten, or one of the other common triggers. This could include any of the following:

    • Cereals containing gluten
    • Celery
    • Crustaceans – this includes crabs, lobster, and prawns
    • Eggs
    • Fish
    • Lupin
    • Milk
    • Molluscs – this includes oyster and mussels
    • Mustard
    • Peanuts
    • Sesame
    • Soybeans
    • Sulphur dioxide and sulphites – when the concentration is above 10 parts per million
    • Tree nuts like hazelnuts, walnuts, almonds, cashews, pistachios, pecans, and macadamia nuts

    If you had a reaction to kebab takeaway food, and you think the restaurant could be responsible, please get in touch with a Legal Helpline adviser to discuss your claim today.

    The Best Kebab Restaurants In The UK

    Kebab restaurants are extremely popular in the UK with the top ten being:

    • Grab a Kebab
    • Chaska Enniskillen
    • Best Kebab and Pizza House (Arbroath)
    • The Frying Scotsman
    • Sam’s Grill House
    • Kabul City Restaurant
    • Divan Restaurant Ocakbasi
    • Cappadocia Restaurant
    • The Ottoman Doner
    • Friends Kebabs

    Popular Types Of Kebabs

    When it comes to the most popular types of kebabs in the UK, these are as follows:

    • Doner kebab
    • Shish kebab and the variations
    • Mixed meat kebabs

    If you ate a takeaway kebab and suffered a reaction through no fault of your own, please contact Legal Helpline to find out if you have a valid allergic reaction claim.

    Your Rights When Dining In Or Taking Food Away

    All food businesses owe you, the consumer, a duty of care. That duty is to ensure their premises are clean, hygienic and free of any hazards, as well as providing you with the food you ordered.

    They must also make sure that any food allergens contained in the food and drinks they serve are clearly displayed either on a menu or by a ‘prompt’ so that you can ask the person serving you what is contained in the food you order.

    Should a takeaway or other type of eatery fail in their duty towards you, and as a consequence you have a reaction to kebab takeaway food, you could seek compensation for the distress and pain you were caused.

    The laws that protect consumers in the UK are as follows:

    Allergy Warning Information Which Should Be Provided

    Food businesses in the UK are required by law to list any allergens contained in the food they prepare or sell to the general public. A failure on the part of a takeaway that results in you suffering a reaction to the food you order could entitle you to seek compensation for the pain and suffering you were caused.

    To find out if you have a valid personal injury claim against a kebab takeaway, please contact Legal Helpline today.

    How To Notify The Takeaway Of Your Allergy

    If you are an allergy sufferer, you should always ask the person serving you in a takeaway kebab to leave out any ingredients you know would trigger a reaction. Restaurants, takeaways, and other eateries are not obliged to agree to your request, but if they do and forget to leave out the ingredients you requested, you could seek compensation for the pain you were caused.

    The sort of ingredients you could request be left out of the food you order could include any of the following:

    • Dairy
    • Sesame
    • Peanuts
    • Tree nuts
    • Lupin
    • Celery
    • Soybean
    • Milk
    • Mustard

    If you feel that your request is being ignored, it is best not to order any food from that takeaway and go somewhere else.

    Requesting Potential Allergens Are Not Served To You

    As previously touched upon, if you feel that a request to leave out allergens from the meal you order in a kebab takeaway is not being taken seriously by the person serving you, it is best to ask to speak to the person in charge. If they fail to agree to your request, it would be wiser to leave the restaurant and go elsewhere.

    What Should You Do If You Eat An Allergen?

    If you requested that an allergen be left out of the food you order in a kebab takeaway but this was not done even though the person serving you agreed to your request, you could seek compensation if as a consequence you suffered a reaction.

    If you experience any of the following symptoms which are an indication you could be suffering from an IgE-mediated food allergy, you should see a doctor as soon as you can:

    • Itching or tingling in your mouth
    • An itchy, raised rash – hives
    • Swelling of your face, mouth, throat or in other areas of your body
    • Trouble swallowing
    • Shortness of breath, wheezing
    • A feeling of dizziness or of being lightheaded
    • Feeling sick or a need to vomit
    • Diarrhoea or abdominal pain
    • Symptoms associated with hay fever – itchy eyes or sneezing
    • Anaphylaxis

    Anaphylaxis is a life-threatening condition that must be treated as a matter of urgency. The symptoms include the following:

    • Swelling of your tongue
    • Trouble breathing
    • A tight feeling in your chest
    • Difficulty talking and swallowing
    • Feeling faint or dizzy
    • Collapsing or losing consciousness

    A failure to get medical treatment right away could prove fatal if you suffer anaphylaxis.

    To discuss a food allergy claim with one a Legal Helpline adviser, please call us today.

    Takeaway Food Allergy Statistics

    Allergy UK issued a report detailing the number of allergy sufferers in the United Kingdom which show that the UK has the highest percentage of allergy sufferers in the world.

    The report detailed more than 20% of the population in the UK are negatively impacted by some kind of allergy with 44% of people suffering from more than one.

    To discuss a kebab takeaway allergy reaction claim with a member of the Legal Helpline team, please call today.

    What Could Cause Or Trigger Allergic Reactions?

    If you suffer from a food allergy, it could be due to any of the following triggers:

    • Cereal containing gluten
    • Celery
    • Crustaceans – this includes crabs, lobster, and prawns
    • Eggs
    • Fish
    • Lupin
    • Milk
    • Molluscs – this includes oyster and mussels
    • Mustard
    • Peanuts
    • Sesame
    • Soybeans
    • Sulphur dioxide and sulphites – when the concentration is above 10 parts per million
    • Tree nuts which includes hazelnuts, walnuts, almonds, cashews, pistachios, pecans, and macadamia nuts

    These are the 14 most common triggers that food allergy sufferers must avoid. You may only suffer mild symptoms associated with an allergy, but you could also experience anaphylaxis which can be life-threatening if not treated as a medical emergency.

    To discuss how to claim for a kebab takeaway allergic reaction, please contact Legal Helpline today.

    Calculating Compensation For A Kebab Takeaway Allergic Reaction

    Instead of including a personal injury claims calculator, which can provide misleading results at times, we have included a table that offers an idea on the level of general damages you could be awarded when you make a successful kebab takeaway allergy claim.

    The amounts provided in our table offer the amounts you could receive for the injuries you sustained and are based on the Judicial College Guidelines. The figures do not include special damages which are explained in the next section of our guide to claiming compensation for a kebab takeaway allergic reaction:

    Injury DetailsSeverity of allergic reaction to foodCompensation awarded in General Damages
    Extremely severe symptoms, ongoing health issues, reduced ability to workVery severe£36,060 to £49,270
    Allergic reaction with severe symptoms, usually disappear when treatedSevere £8,950 to £18,020
    Allergic reaction that usually requiring hospitalisation, symptoms clear up once treatedModerate £3,710 to £8,950
    Allergic reaction deemed less serious, typically clears over several days or weeksMinor £860 to £3,710

    For a more precise estimate of the value of your injuries, please get in touch with our team.

    Calculating Compensation Through Special Damages

    You would be entitled to seek special damages for the monetary losses and expenses you incurred as a result of having a kebab takeaway allergic reaction. They account for costs already incurred as well as future costs too.

    In order to succeed in getting this money back in a kebab takeaway allergic reaction claim, you must provide proof in the form of receipts, bills and bank statements.

    You could include the following:

    • Care costs – these can be included if you needed help around the home with daily chores during your recovery
    • Medical expenses – this includes the cost of the prescriptions you incurred and the cost of treatment received which is not covered by the NHS
    • Travel expenses – this includes parking fees at the place you were treated and the cost of getting there and back whether you travel by bus, taxi, train, or car
    • Loss of earnings – during your recovery
    • Loss of future income – if you cannot work again due to the injury you suffered

    To speak to a member of the Legal Helpline team today, please call us on the number at the top of this page.

    No Win No Fee Claims For A Kebab Takeaway Allergic Reaction

    You would be offered a free, initial consultation by a member of the Legal Helpline team when you first contact us. You would not be obliged to pursue a kebab takeaway allergic reaction claim if you decide not to.

    This first consultation allows one of our experts the opportunity to assess whether your case stands a better than average chance of success. Once this has been established, a solicitor from our panel would offer to act on your behalf on what is termed a No Win No Fee basis.

    No Win No Fee Agreements allow you to seek allergic reaction compensation without having to pay any upfront fees for the solicitor to begin their investigations. You would not have to pay ongoing fees either.

    This is because you only pay for the legal services a No Win No Fee lawyer provides when you receive compensation. The amount that would be due is known as a “success fee”, which is an agreed percentage that is deducted from the allergic reaction compensation you are awarded. The balance is then paid to you. The percentage is small and capped by law.

    If your kebab takeaway allergic reaction claim is unsuccessful, you would not pay the ‘success fee’ nor any other costs incurred in pursuing your claim.

    How We Could Help

    To speak to a Legal Helpline adviser, you may contact a member of our team in the following ways:

    Find Out More About Making A Claim

    For more information on claiming compensation for a shellfish or peanut allergy, please follow the link provided below:

    More information on shellfish and peanut allergies

    If you suffered a peanut allergy and would like more information on claiming compensation, please click on the link below:

    Claiming compensation for a peanut allergy

    For more information on your consumer rights, please follow the link below:

    Consumer rights UK

    Thank you for reading our guide to kebab takeaway allergic reaction claims.

     

    Guide by HW

    Edited by REB