How Much Could I Claim For A Food Allergy In Brewers Fayre?
Meeting friends or family in a pub for a drink or a meal should be an experience you enjoy. But if you have a food allergy, things can be more stressful than enjoyable. If you have suffered an allergic reaction after eating at a Brewers Fayre because of an error that was made by the business, you may be eligible to claim personal injury compensation.
Call Legal Helpline to speak to a qualified claims advisor. We will be happy to answer any questions you may have about the incident and if we can see that your reasons to claim allergic reaction compensation are legitimate, an experienced No Win No Fee solicitor from our panel can get to work on your case.
To learn more about allergic reaction claims, please click through the sections below.
Jump To A Section
- A Guide To Claiming For A Food Allergy In Brewers Fayre
- What Is An Allergy To A Food Or Drink?
- Rates Of Food Allergies
- I Told Staff I Had A Food Allergy
- Staff Still Served Me Food That I Am Allergic To
- Could Negligence Lead To Customers Having An Allergic Reaction?
- Explaining Your Rights When Dining At A Restaurant
- I Did Not Tell Staff I Have An Allergy, Do I Still Have A Claim?
- Foods Which Could Cause You To Have An Allergic Reaction
- Brewers Fayre Allergy Menu And Information
- Food Allergy In Brewers Fayre Compensation Calculator
- What Are Special Damages And Could I Claim Them?
- No Win No Fee Claims For A Food Allergy At Brewers Fayre
- Contact Us About Your Case
Brewers Fayre is a chain of pubs that has over 150 outlets in the UK. Like all restaurants in the UK, Brewers Fayre owes their customers a duty of care, which means that they are responsible for upholding standards of health and safety.
Therefore if a customer is injured and can prove this occurred because of negligence on the part of Brewers Fayre, they could be held liable. An example of this could involve providing a customer who suffers from a food allergy with incorrect allergen information, so they unknowingly eat food that they are allergic to, triggering a reaction.
In this guide to making a claim for an allergic reaction at a restaurant, we will define what a food allergy is and look at how allergy sufferers can be affected by their condition. We will also explain how an expert personal injury solicitor from our panel can help you.
So call Legal Helpline today or use our online claims form to reach us.
People who suffer from allergies experience unwanted symptoms when they come into contact with something they are allergic to. For example, people who experience respiratory allergies, such as hay fever, may suffer from a runny nose or sneeze when they come into contact with pollen.
People who have a food allergy are allergic to proteins that can be found in foods that are harmless to the majority of people. Common types of food allergies include nut allergies, fruit allergies and shellfish allergies.
The majority of people with food allergies experience an allergic reaction which is mild to moderate. The symptoms they may experience can include:
- Angioedema, which is a swelling of the face, especially around the mouth and eye area.
- An unpleasant itching sensation in the ears and throat.
- Stomach problems such as vomiting and diarrhoea.
These allergic reaction symptoms can be very unpleasant to deal with.
A severe allergic reaction is known as anaphylaxis or an anaphylactic shock. An anaphylactic shock is a medical emergency. The sufferer can slip into a permanent coma or can die, so if someone is suffering from anaphylaxis, dial 999 immediately.
Symptoms of an anaphylactic shock can include:
- The symptoms of a milder allergic reaction to food.
- Difficulty breathing. People who have experienced anaphylactic shock have described feeling that their throat is closing up. They may also experience wheezing and quick, shallow breathing.
- The skin feels clammy to the touch.
- Becoming dizzy or faint. This can be followed by feelings of anxiety, confusion or disorientation.
- Heart rate increases.
- The allergy sufferer blacks out.
It is important for food providers to take food allergies very seriously and help people with food allergies make safe, informed decisions so they can manage their condition. Only recently did someone die of anaphylaxis after eating in Pret A Manger, an incident that provoked new legislation called Natasha’s Law.
Unfortunately, the rates of people who suffer from allergies in the UK are quite high, particularly compared to other countries around the world.
An estimated 20% of the UK’s population suffers from one or more allergic disorders. On Top of that, 48% of people who suffer from an allergy are allergic to more than one thing.
The rate of people who suffer from severe allergies appears to be on the increase. Between 1992 and 2012, the rates of hospitalisations for anaphylactic shock rose by 615%.
You can read more about allergy statistics and how they affect people in the United Kingdom and overseas on the Allergy UK website.
If a customer suffers from a food allergy and informs restaurant staff, the restaurant should cooperate as much as they can to ensure that they have a safe dining experience. However, the necessary care isn’t always given.
Here are some situations that could lead to the triggering of an allergic reaction in a restaurant:
- If the customer informs the restaurant of their allergy and asks for an allergen to be removed, the restaurant needs to advise them right away if they can or cannot comply with the request.
- If the request is granted, staff must relay that bespoke order to the kitchen. A failure to do so could see dishes served with the allergen, running the risk of triggering a reaction.
- Staff may pass on the information to the kitchen, but chefs may ignore or forget the request, serving the allergen and potentially causing a reaction.
- Hygiene in the kitchen may not be great, leading to dishes being cross-contaminated and therefore exposing people to allergens.
If any of these examples sound familiar, get in touch to learn more about your legal rights.
As we’ve seen in the examples above, dishes containing allergens could still be served to you, even if you’ve made the restaurant aware of your allergy.
Communication problems between serving staff and the kitchen could potentially lead to this outcome. Another possible cause is cross-contamination within the kitchen. For example, a pan used to cook shellfish shouldn’t be used to cook chicken too. This could expose someone to allergens.
If you have evidence that your reaction was triggered in the ways described above, get in touch to learn more.
According to the Occupiers’ Liability Act 1957, restaurants, pubs and other businesses owe their customers a duty of care whilst on their premises or using their services.
This means that if the restaurant injures a customer by breaching this duty, the customer may be eligible to claim compensation for their injuries. This could include negligence resulting in a customer suffering an allergic reaction to food, or someone suffering an injury after a slip, trip and fall in the restaurant.
Here are some more examples of errors that a restaurant could make which could lead to a customer suffering an allergic reaction:
- The customer explains that they are allergic to an ingredient and requests it to be removed. Their request is accepted but not met, causing an allergic reaction.
- A diner tells their waiter or waitress about the food allergy they suffer from and asks for allergy advice. The waiting staff give the customer the wrong advice, or fail to warn them that they have ordered food that is not suitable for them.
- The information on the Brewers Fayre menu is incorrect, causing a customer to consume food that they are allergic to.
- A food item contains unintended ingredients. For example, a cake may contain nuts, even though nuts are not supposed to be included in the desert, causing an allergic reaction. This could be deemed to be negligence on the part of the business.
If any of these situations sound familiar and led to an allergic reaction at Brewers Fayre, please get in touch to learn more about your rights.
When dining at a restaurant you are protected by the Consumer Protection Act 1987. This means that if a product is faulty or defective, causing injury, the manufacturer could be liable for your injuries.
Therefore if you eat an item of food at a restaurant that could be considered to be defective or not as described, causing an allergic reaction at Brewers Fayre, you may be eligible to claim compensation for your injuries if you can prove it was their fault.
If you did not tell the staff at a Brewers Fayre pub and restaurant that you have an allergy, you may still be able to claim compensation for any injuries caused. According to EU directives that are also upheld in the UK, businesses that serve food and drink are supposed to provide allergy information to help customers with food allergies decide what to eat safely.
Food packaging and menus are supposed to include written warnings if they contain any of the 14 ingredients that can commonly cause allergic reactions. You can find these listed in the section below.
A restaurant should highlight these allergens on their menu or direct customers to where they can find the allergy information they need. A failure to do so could be in contravention of the law and may justify legal action if you go on to suffer a reaction.
Here are some common foods that people suffer allergies to:
- Sulphur dioxide and sulphites (if they are at a concentration of more than ten parts per million)
- Tree nuts
- Gluten-based cereals like barley and oats)
- Crustaceans like prawns and crabs
- Milk, particularly that which contains lactose
- Molluscs like oysters
Brewers Fayre has an allergen menu and allergy information available to its customers on its website.
Below is a sample of the food you can find at Brewers Fayre, taken from their menu. The menu is subject to change so it’s always best to check yourself.
- Garlic & Herb Breaded Mushrooms
- Rosemary & Buttermilk Chicken Goujons
- Seasonal Soup
- Prawn Cocktail
- Chargrilled Gammon Steak
- Mixed Grill
- Chicken & Half Rack of Ribs
- 8oz* Sirloin Steak
- 8oz* Rump Steak
- Sausage, Egg and Chips
- Beer-Battered Haddock & Chips
- Breaded Wholetail Scampi
- Grill Chicken Caesar Salad
- Smothered Chicken Burger
- The South Western
- Mac ‘n’ Cheese Burger
- Classic Cheeseburger
- Vegan Sloppy Joe
- Beer-Battered Onion Rings
- Caramel Choc-a-Block Cadbury Sundae
- Belgian Waffle
- Triple Chocolate Brownie.
- Meringue Kisses
- Caramel Apple Betty
- Vanilla Ice Cream
If you have suffered an allergic reaction after eating at Brewers Fayre and can prove it was their fault, you may be eligible to claim compensation. Instead of a compensation calculator tool, which can sometimes be inaccurate, we’ve instead created a table using reliable information taken from the guidelines of the Judicial College.
|Illness Degree Suffered||Comments On The Symptoms Experienced By Claimants||Potential Damages Which May Be Awarded|
|Illness - I||These are the most severe types of food related illnesses. Those affected will require hospital care. Symptoms may persist once discharged.||£36,060 - £49,270|
|Illness - II||Whilst still serious, the symptoms experienced will be shorter in duration and less severe. These include (but are not limited to) diarrhoea, disturbed bowel function and effects on sexual function.||£8,950 - £18,020|
|Illness - III||Illnesses of this degree could cause the following: discomfort, stomach cramps and effects on your bowels. Hospitalisation may be required.||£3,710 - £8,950|
|Illness - IV||Claimant could suffer from things such as pain, cramping, and diarrhoea. This may last for between days and weeks.||Up to £3,710|
Please note, these are merely estimates. For a more accurate assessment of your case, get in touch and tell us more about it. These figures only relate to general damages too, which can form just one part of your claim. The other part, special damages, we’ll consider next.
Compensation can come in two parts. In a successful outcome, for the pain, loss of amenity and suffering caused by your allergic reaction you will receive funds called general damages. We’ve covered potential compensation awards for this above.
The other side to compensation is called special damages. This relates to the financial costs associated with the allergic reaction. For example, if you had to take time off work to recover, you may miss out on wages. If so, you can claim this back as loss of earnings.
Other examples of expenses you can claim back under special damages include:
- Any costs relating to travelling to and from doctor’s appointments for treatment relating to your injury, or visits to your solicitor.
- Medication costs are recoverable too, even down to over-the-counter drugs like paracetamol.
- You can claim for care costs too. If a family member or friend took care of you while you recovered, you can claim an hourly rate for the time they devoted.
To learn more about special damages, please get in touch.
One advantage we are happy to offer our clients is the option to make a No Win No Fee claim. This means that you will only have to pay your solicitor a fee if your claim is successful, greatly reducing the financial risk to you.
This means no upfront costs to pay, nor do you have to pay fees while the claim progresses, no matter how long it takes. And if the claim doesn’t lead anywhere, you won’t have to pay any of your lawyer’s fees.
In a successful claim, you simply pay your solicitor a small percentage of your compensation award. This helps cover their costs. The precise percentage they’ll take will be detailed in your No Win No Fee arrangement.
Call us today to speak to an advisor about whether or not making a No Win No Fee claim is the right option for you.
If you have legitimate grounds to claim, a skilled personal injury solicitor from our panel will be assigned to your case to handle your claim.
We hope you have found this guide on what to do if you suffer an allergic reaction at Brewers Fayre helpful. Here are some other Legal Helpline guides that may answer any questions you still have.
- Head here to learn more about an allergic reaction at a Hard Rock Cafe.
- Or check here to learn more about allergic reactions to Thai food.
- This guide to allergic reactions after eating at Little Chef may also help.
Guide by HC
Edited by REB