How Much Compensation Could I Claim For A Food Allergy In Ask Italian?
Ask Italian is a popular chain of restaurants serving pizza and pasta meals in a family-friendly environment. If you’re looking for a taste of Italy in your local town centre, there’s a good chance you’ll end up reviewing the menu of an Ask Italian restaurant. This guide is going to explain when you could claim compensation for an allergic reaction after eating in Ask Italian.
While there are laws in place to help you find allergen information easily, it is possible for mistakes to happen. Therefore, we’ll consider how a restaurant should provide allergen advice, how they might breach their legal duty of care to uphold your safety, and when compensation might be paid.
Legal Helpline is here to support you if you would like to discuss your claim. Our team of specially trained advisors will assess your claim over the telephone on a no-obligation basis and provide free legal advice on your options. Should your claim appear to have merit, you’ll be introduced to one of the specialist injury lawyers on our panel. All cases that they accept are handled on a No Win No Fee basis.
Should you wish to enquire about starting a claim today, you can telephone 0161 696 9685 right away. Alternatively, you’ll find a wealth of information regarding allergic reaction compensation claims below, so please continue reading.
Jump To A Section
- A Guide About Claiming For A Food Allergy In Ask Italian
- What Are Allergies To Foods?
- How Often Do People Have Allergic Reactions Caused By Food?
- I Told The Restaurant That I Had An Allergy And Could Suffer An Illness
- Negligent Practices Causing Allergic Reaction Illnesses
- Do Restaurant Customers Have Legal Protections?
- I Didn’t Tell Staff I Am Allergic To A Food
- Do Certain Foods Trigger Allergies And Illnesses?
- Allergen Menu Information For Ask Italian
- Food Allergy In Ask Italian Compensation Calculator
- How Else Could I Be Compensated?
- No Win No Fee Claims For A Food Allergy In Ask Italian
- Contact A Solicitor For Advice
- Quick Resources
A Guide About Claiming For A Food Allergy In Ask Italian
Ask Italian is a chain of restaurants, which means they have probably got a legal team who provide assistance to their restaurants to ensure they meet their legal duty of care to uphold customer safety. They’ll also do a lot of staff training to help them provide allergen advice to their customers. However, even after all that effort, mistakes can still happen. When they do, you could be able to seek compensation for your suffering if you can show that the mistake caused the allergic reaction to happen.
In the UK, food businesses must provide clear information that their foods contain any of the 14 allergens listed in the Food Information Regulations 2014. If they fail to do so, and that’s the reason the allergic reaction happens, you could go on to claim against them. We’ll look at what duty of care restaurant’s have, other types of negligence which could cause a reaction and when you might receive compensation.
When making personal injury claims, as well as making an allegation that somebody else caused you to suffer, you’ll need to provide evidence to back up your claim. This process can be rather tricky and it’s why we’d advise you to hire a specialist personal injury solicitor to support you. They should have the knowledge and experience to understand what evidence is required and the technical legal skills to try and counter any objections.
Once you’ve finished reading, please get in touch when you’re ready to start your claim. There is a personal injury claims time limit which you should be aware of which usually begins from the date of your reaction. This period is just 3 years. We’d advise starting sooner rather than later as it is a lot easier to recall the facts of the incident in the weeks following the incident.
What Are Allergies To Foods?
It’s still not fully understood why people are affected by food allergies. They’re caused when the immune system wrongly reacts to proteins in foods and labels them as dangerous. At that point antibodies such as immunoglobulin E (IgE) and histamine are released to target the proteins. It is that process which causes allergic reactions to happen. According to the NHS, the most common symptoms of allergic reactions include:
- Feeling sick or vomiting.
- Abdominal pain.
- Shortness of breath.
- Tingling in the mouth.
- Swelling of the face, throat or mouth.
- Becoming dizzy or lightheaded.
- Struggling to swallow.
For many, these symptoms will trigger a few moments after eating, however, for some, the symptoms may take up to 48-hours to present. These symptoms can range from minor to serious in severity but won’t usually threaten the life of the sufferer.
However, the most severe form of allergic reaction is called Anaphylactic shock. This is much more dangerous and causes around 10 deaths per year in the UK. Therefore, the NHS advice is that the emergency services are called to all cases of anaphylactic shock as quickly as possible.
What Are Ask Italian Allergic Reactions?
While Ask Italian can’t be held responsible for the fact that you have a food allergy, they could be found liable for a reaction if they failed to fulfil their legal duty of care. Therefore, in this article, we’re going to look at claiming for allergic reactions after eating in Ask Italian that was caused by inadequate allergen information and other forms of negligence.
If during the course of our guide on suffering an allergic reaction after eating in Ask Italian you’re unsure whether you have a valid claim, why not discuss your case with one of our advisors? They’ll explain your options and advise if you need any further evidence before claiming.
How Often Do People Have Allergic Reactions Caused By Food?
You might not be aware of the number of people who suffer from food allergies in the UK, so we’ve provided some figures below from the Food Standards Agency (FSA):
- There are around 600,000 people affected by coeliac disease.
- It’s estimated that 2 million of us suffer from diagnosed food allergies.
- Children are more at risk with up to 8% having an allergy.
- For adults, the figure is a lot lower at around 1 to 2%.
The figures provided by the FSA concentrate solely on food allergies (caused by the immune systems), they don’t take into account the people who suffer food intolerances (caused by the digestive system).
I Told The Restaurant That I Had An Allergy And Could Suffer An Illness
As an allergy sufferer, you might want to make a restaurant aware of your illness prior to ordering. You might also ask them to remove certain ingredients from your meal. For instance, you might ask for:
- No nuts.
- No milk.
- No eggs.
- No cheese.
- No oats.
- No fish.
- No wheat.
- No tomatoes.
In some instances, the restaurant might refuse to carry out your request and ask you to make another choice from the menu. That could be due to the fact the ingredient is the main part of the meal or because food isn’t prepared locally. However, if the order is confirmed, but not fulfilled correctly, you could claim compensation if it causes you to suffer an allergic reaction to the ingredient you asked to be removed.
To prove this sort of claim, we’d advise you to visit A&E or a GP to have your reaction confirmed and treated. Also, it would be a good idea to record the details of any witnesses who heard you make the request. Finally, some restaurants show bespoke orders on the bill. If that’s the case, retain a copy as further evidence to support your allegations, and then you could contact Legal Helpline for a free assessment of your case.
Negligent Practices Causing Allergic Reaction Illnesses
In this section, we’re going to show different types of negligence which could cause you to suffer. For instance, allergic reactions caused by any of the following might entitle you to claim:
- When the incorrect ingredients were used in a meal.
- Where staff failed to provide the right allergen advice.
- If allergen information (or advice on where to find it) wasn’t displayed clearly in the restaurant.
- Where staff fail to follow food safety procedures which leads to your food being cross-contaminated with an allergen.
Do Restaurant Customers Have Legal Protections?
There are far too many different laws relating to food to list within this guide, but they are all there to protect consumers when purchasing foods. One overarching piece of legislation that could apply is the Consumer Rights Act 2015. It means consumers making a purchase should receive their goods as described and ‘fit for purpose’. In the case of food purchases, the rules may have been breached if the product contains an ingredient which was not listed.
You needn’t worry about the different pieces of legislation, though. If you use a lawyer on our panel, they’ll deal with all the technical legal jargon for you. Why not contact us today for a free review of your case?
I Didn’t Tell Staff I Am Allergic To A Food
Even in cases where you forgot or chose not to tell a restaurant of your allergy, you could still go on to request compensation for an allergic reaction if you’re able to show that their negligence caused you to suffer. That’s because there’s no legal duty for consumers to advise businesses about their illness, but there is a legal obligation for food retailers to advise of the presence of the 14 allergens discussed earlier.
If you’d like to begin a claim for suffering caused by a reaction where you didn’t tell the restaurant about your condition, please let us know and we’ll review the details of your claim with you for free.
Restaurants Obligations To Warn Customers About Allergens
So, as mentioned throughout our article, business who sell food must advertise the fact that their products contain certain allergens, but how do they do that? Well, they could:
- Place a prominent notice in the restaurant explaining where allergen information can be obtained (staff, websites etc.).
- List each allergen contained in a meal on the menu.
- Let the staff in the restaurant advise customers about any allergens contained in dishes when asked.
It’s the cases where customers can’t get hold of the information they need when ordering a meal that could lead to a compensation claim. If you suspect that was the case when you suffered a reaction, contact an advisor and explain what happened. You could photograph the menu or take a video inside the premises to help prove your allegation.
Do Certain Foods Trigger Allergies And Illnesses?
As mentioned earlier, there are 14 food allergens which must be advertised by food businesses if their products contain them. For your guidance, here’s a comprehensive list of allergies which are covered by labelling laws:
- Egg allergy.
- Peanut allergy.
- Milk allergy.
- Soya allergy.
- Celery allergy.
- Fish allergy.
- Mollusc allergy.
- Nut allergy.
- Sulphite allergy.
- Sesame Seed allergy.
- Mustard allergy.
- Lupin allergy.
- Cereal (gluten) allergy.
- Crustacean allergy.
If you’ve suffered an allergic reaction after eating at Ask Italian and you believe that the restaurant failed to inform you about any of the allergens contained in their dishes, we could support you with free legal advice and support. Please talk to us today and we’ll review what happened.
Allergen Menu Information For Ask Italian
To show you the types of food you can order from Ask Italian, we’ve listed some of their menu items below. We should note that some items might not be available in all restaurants, especially during the COVID-19 pandemic where some businesses are reducing the number of options.
Bread & Nibbles
- Nduja & Cheese Dough Bites.
- Italian Olives.
- Rosemary & Sea Salt Bread.
- Garlic Bread.
- Garlic bread with Mozzarella.
- Melanzane Al Forno.
- Antipasto Classico Board.
- Butterfly King Prawns.
- Calamari (To Share).
- Baked Dough Balls.
- Mushrooms Al Forno.
- Insalata Cheese.
Mains – Prima Pizza
- Salami Mist.
- Salsiccia Pizza.
- Margherita Con Bufala.
- Rump Steak Tagliata.
- Siciliana Pizza.
- Caprina Pizza.
- Prosciutto E Bufala.
- Pollo Piccante Con Pancetta.
Mains – Calzone
- Calzone Pollo.
- Calzone Quattro Salami.
- Calzone Formaggio Di Capra.
- Argosta E Gameroni.
- Funghi Misti.
- Asoaragus & Pancetta Carbonara.
- Spaghetti Al Pomodoro.
- Rigatoni Con Zucchine E Pesto.
- Fettuccine Bolognese.
- Fettuccine Con Melanzane.
- Linguine Carbonara.
- Ravioli Marittimi.
- Linguine Con Frutti Di Mare.
- Penne Al Pollo Della Casa.
- Rigatoni Al Manzo Piccante.
- Risotto Pescatore.
- Risotto Rosso.
- Risotto Con Pollo E Funghi.
Meat & Fish
- Pork Belly Porchetta.
- Pollo Milanese.
- Sea Bass Al Forno.
- Rocket Salad.
- Mixed Salad.
- Zucchine Fritte.
- Pollo Prosciutto.
- Triple Chocolate Sundae.
- Ice Cream.
- Lava Mountain.
- Grande Gelto.
- Chocolate Lava Mountain.
- Warm Pear Tart.
- Chocolate Amore.
- Honeycomb Cheesecake.
- New Warm Pear Tart.
- Pistachio and Olive Oil Cake.
- Chocolate and Coffee Tart.
- Ice Cream Profiteroles.
- Italian Cheesecake.
If you’ve ordered any of the meals listed and suffered an allergic reaction after eating in Ask Italian, we could help you start a claim if you can show that negligence caused your suffering. Talk to Legal Helpline today for free advice on making a claim.
Food Allergy In Ask Italian Compensation Calculator
Now it’s time to consider compensation amounts. We don’t provide a personal injury claims calculator here as they can often provide confusing results. That’s because every single case is unique, and each claimant suffers in different ways. Therefore, the below table shows the potential compensation figures for allergic reactions. The data comes from a set of guidelines used by courts and solicitors called the Judicial College Guidelines (JCG).
Severity of Reaction Details (Symptoms) Compensation Range
Severe Reaction For this sort of allergic reaction, the symptoms will be so severe that the victim will require some weeks in the hospital. There is also likely to be an impact on life enjoyment or the ability to work. £36,060 upto £49,270
Serious Reaction For this sort of reaction, symptoms will be serious but, in most cases, short-lived. £8,950 upto £18,020
Moderate Reaction For this sort of reaction, it's likely that the victim will need to spend time in the hospital. However, once treatment has been administered, recovery will happen quite quickly. £3,710 upto £8,950
Minor Reaction This is the least serious type of reaction where symptoms will disappear after a couple of days or weeks. From around £860 upto £3,710
You can see from the data that claims are settled based on how severe the symptoms of the allergic reaction were. That’s why your solicitor will make an appointment for a local medical assessment as part of your claim. During the assessment, a medical specialist will examine your physical symptoms, read your medical records and ask questions about how you were affected.
Following the meeting, a report will be prepared that contains the specialist’s findings, which will be sent to your solicitor.
How Else Could I Be Compensated?
On top of the compensation figures listed above, you may also be entitled to ask for the repayment of any costs incurred as a result of your reaction. This is called a special damages claim in which you could ask for care costs, medical expenses, lost income or travelling costs to be returned.
You could also ask to be compensated for any future losses you may experience because of the reaction, such as if you’re no longer able to work. When your claim has been assessed properly, you’ll be told what special damages you could ask for.
No Win No Fee Claims For A Food Allergy In Ask Italian
Now that you’ve seen when you could claim for an allergic reaction after eating at Ask Italian, what’s preventing you from starting today? Perhaps it’s because you’re concerned about the costs of hiring a specialist personal injury solicitor? If that’s the case, you can stop worrying because if one of the lawyers on our panel accepts your claim, it’ll be handled on a No Win No Fee basis. This is to reduce your financial risk and lower your stress levels too.
Before accepting your claim, the lawyer will need to check that it has good grounds. Once they’ve done so, you’ll be sent a Conditional Fee Agreement (CFA) to read. The CFA is important because it makes it clear that you’re not required to pay any upfront charges, there are no solicitor’s fees payable during the case, and if the claim is lost, you don’t need to pay your solicitor’s fees either.
Within the CFA you’ll see a section that explains when you’ll pay a success fee. This is the method used to cover the solicitor’s costs when they win a claim. It’s a small portion of your compensation award, the level of which is legally capped. When you sign the CFA, the success fee will be clearly indicated so there are no surprises once the claim is settled.
For more information about your eligibility to claim on a No Win No Fee basis, why not contact a specialist advisor today?
Contact A Solicitor For Advice
Thank you for taking the time to read our article on claiming for an allergic reaction after eating in Ask Italian. If you’d now like to get in touch with Legal Helpline to start a claim, here’s how to do so:
- Call the team directly for free advice on 0161 696 9685
- Use our enquiry form to start the claim online.
- Let an online advisor know what happened via our live chat feature.
- Email [email protected] with information on why you’d like to begin a claim.
Thank you for reading our guide to claims following an allergic reaction after eating at Ask Italian. In this section, we’ve supplied links to some more useful resources that we hope you’ll find useful. Please contact us if there’s anything else you’d like to know.
Eating Out With An Allergy – Advice from Allergy UK about eating out safely.
Food Recalls – An alert service used to highlight when products with undeclared allergens have been recalled.
Anaphylaxis Symptoms – A list of symptoms to look out for from the NHS.
Allergic Reaction To Waxing – Details about claiming for allergic reactions caused by chemicals used in beauty treatments.
Wheat Allergy Claims – Advice on asking to be compensated for allergic reactions caused by wheat.
Fish Reaction Claims – A detailed guide about claiming for allergic reactions caused by products containing fish.
Guide by BE
Edited by REG