Burger Restaurant Food Allergic Reaction Claims Guide – How To Claim Compensation For An Allergic Reaction After Eating In A Burger Restaurant

A burger meal used to be a simple patty inside a bun with a bit of cheese and ketchup slapped on top. Nowadays, though, burgers can be classed as gourmet food in some restaurants. Using the best meats, quality buns and luxurious ingredients, burgers are no longer just fast food. If you visit a burger restaurant and are an allergy sufferer, you’re likely to be very cautious to check what ingredients are included inside the roll. To help with this, restaurants have a legal duty of care to provide you with allergen information whether in the menu, by voicing it when asked or details showing where the information can be obtained. In cases where they fail to inform you of the correct allergen information, you could make a burger restaurant allergic reaction claim for any suffering their mistake led to.

In this article, we’ll explain what laws exist to try and prevent allergic reactions, how allergy information should be presented and when a restaurant might be liable for any suffering you sustain. We’ll also consider how much compensation you could be eligible for.

Legal Helpline is here to support the start of your claim. Our team of friendly advisors provide a telephone consultation where your case will be assessed. You’ll get free legal advice on making a claim and, if your claim has merit, you could be connected to a personal injury solicitor from our panel.

To start an allergic reaction claim today, please call us on 0161 696 9685. Alternative, to find out more about burger allergies and when you might be entitled to compensation, please read the rest of this guide.

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A Guide To Claiming For A Burger Restaurant Allergic Reaction

Burger restaurants have become more and more popular in recent years. It’s not just a London thing either; you’ll find them popping up in major towns and cities across the UK. Many have moved away from the fast-food model and turned burgers into an exquisite dining experience.

Allergic reaction after eating in burger restaurant compensation claims guide

Allergic reaction after eating in burger restaurant compensation claims guide

If you visit any type of restaurant, and you have any type of food allergy, you’d hope that it will be easy for you to identify what allergens might be present in any food you’re considering ordering. In fact, the restaurant is legally bound to make that process easy for you. However, even though restaurant owners spend time and money trying to meet their obligations, mistakes could potentially still happen, and you could suffer an allergic reaction as a result.

To help you find out if you might be entitled to make a claim, this guide is going to supply information about what restaurants should be doing, when they might’ve got it wrong and when they could’ve been liable for your allergic reaction.

The process of claiming can be quite complex as you’ll need to supply evidence of what caused you to suffer and the extent of your injuries. That’s why our advice would be that you seek legal advice from one of our advisors. We also advise you to make your claim quickly because after a few days or weeks have passed, it can be tricky to recall exactly what happened.

Also, there is a personal injury claims time limit which is generally 3-years from the date of your allergic reaction or date of knowledge. The sooner you start, the more time you’ll allow your solicitor to collect the evidence you’ll need to substantiate the claim.

For free advice on starting a claim, contact us today once you’ve completed this guide.

What Are Burger Food Allergic Reactions?

Allergic reactions are something that happens when the body’s immune system believes you are in danger after ingesting certain ingredients. It is vital that restaurants clearly provide information about the 14 main allergens that may be in their foods so that you do not eat something you may have a reaction to. This allows the customer to reduce the risk of suffering because they can make an informed decision before making a purchase.

When the restaurant fails to meet its duties, they may be in breach of legislation, and that could entitle you to be compensated, but only if you suffer as a consequence. Therefore, this article is going to explain what obligations restaurants have regarding advertising allergens, when they might have breached them and if they could be liable for your suffering.

If you’re in any way unsure whether you’re eligible to make a claim, don’t give up without speaking to one of our advisors first. They’re experts in providing claims advice and could help you proceed.

What Are Anaphylactic Shock Symptoms

The most severe allergic reaction is called anaphylactic shock. It must be treated as a medical emergency because it is life-threatening and sometimes fatal. The NHS website lists some of the symptoms including:

  • Skin becoming clammy.
  • A fast heartbeat.
  • Feeling faint or lightheaded.
  • Shallow and fast breathing or wheezing.
  • Anxiety or confusion.
  • Becoming unconscious or collapsing.

Thankfully, fatalities caused by anaphylactic shock are quite rare but if you, or a loved one, has suffered one because of a negligent burger restaurant, please get in touch to let us assess your claim.

Popular Burger Chain Restaurants

Here are some of the UK’s most popular burger restaurants:

  • McDonald’s.
  • GBK – Gourmet Burger Kitchen
  • Burger King.
  • Five Guys.
  • Honest Burgers.
  • Dirty Burger.
  • Byron Burgers.
  • Patty & Bun.
  • Almost Famous.
  • Hache Burgers

Top Types Of Burgers

And here are some examples of different burger options:

  • Beef Burgers.
  • Cheese Burgers.
  • Veggie Burgers.
  • Portobello Mushroom Burgers.
  • Ham Burgers.

Legislation Protecting You When Dining At A Burger Restaurant

We’ve already mentioned that there are laws which are used to regulate the sale of foods in this country. For information, we’ve listed some of them in this section.

  • EC Regulation 178/2002 sets a number of food regulations meaning to sell or serve unsafe food are against regulations.
  • The Food Safety Act 1990 is designed to ensure food meets customer expectations and provides legal powers if unsafe food is sold.

Luckily, you don’t need to know which laws are relevant if you hire a personal injury solicitor. Our panel knows which legislation can be used and understands the claims process inside out. All you need to do is tell us what happened and we’ll handle everything else.

Allergy Warning Information Which Should Be Provided

Burger restaurants, along with other food businesses, have a duty to provide customers with allergen information so they can make informed decisions about their purchase. The way in which they can do that is:

  • Highlight allergens on any prepacked food.
  • List allergens alongside meals on the menu.
  • Have a sign, displayed prominently, to show where customers can find allergen details.
  • Train staff so they can answer any questions about allergens if asked.

If you have suffered a burger restaurant allergic reaction because the allergen information was incorrect, missing or not easy to find, you could be entitled to begin a compensation claim. Please discuss how to proceed with a member of our team.

Should I Tell The Restaurant I Have An Allergy?

There’s a very good case for allergy sufferers to let restaurants know that they have an allergy. By doing so, staff could provide advice on meal options or ask the chef to remove ingredients from the meal. However, you’re not obliged to inform the restaurant at all.

Instead, the restaurant has a duty of care to make sure they provide ample allergen information or show you where you can find it. If they don’t and you go on to have a reaction, you could still make a claim even when you’ve not let them know about your allergy.

If you’re unsure about what steps to take, please get in touch and we’ll guide you through the claims process.

How To Ask For An Allergy Free Meal

When you visit a burger restaurant, you might want to have certain items taken out of your meal because you’re not a fan of their taste. For some people though, it’s not a matter of preference, it’s because they don’t want to suffer an allergic reaction.

When ordering, you’re perfectly entitled to request that some ingredients are left out although in some cases foods are premade and the ingredient can not be left out but you should be told about this. In fact, some restaurants have software where you can create bespoke orders yourself. If your order is accepted, but your meal comes with the ingredient in any way without you being told, then you could claim against the restaurant if their mistake caused you to suffer.

I Was Not Served An Allergy-Free Meal

In the scenario listed above, if your meal arrived but your request to remove an allergen was not fulfilled and you were not told that the allergen was still present or could not be taken out, you might go on to suffer an allergic reaction. If that’s the case, you could ask the restaurant to compensate you for your suffering.

You will need to provide evidence of the mistake which could include photographs of your burger, details of witnesses who heard your request being made, or a copy of the receipt if it shows your request on it.

Once you’re ready to begin, collate your evidence and call Legal Helpline to start your claim.

Rates Of Allergies To Different Foods

Allergies are caused by a lot of different things including food. According to Allergy UK, up to 44% of British adults are allergic to at least one thing and 48% of those are sufferers of multiple allergies.

With regards to food allergies (and excluding food intolerances), data from the Food Standards Agency shows that:

  • Up to 2% of adults in Britain have a food allergy.
  • The figure for children is higher at up to 8%.
  • And finally, 600,000 (or 1 in 100 people) are affected by coeliac disease.

Foods Which Could Trigger Your Allergy

There are more food allergens that can trigger reactions than you might think. For reference, we’ve made a list below:

  • Soy Allergies.
  • Mustard Allergies.
  • Gluten Allergies.
  • Egg Allergies.
  • Dairy Allergies.
  • Cereal Allergies.
  • Lupin Allergies.
  • Celery Allergies.
  • Seafood Allergies.
  • Fish Allergies.
  • Milk Allergies.
  • Shellfish Allergies.
  • Nut Allergies.
  • Sulphur Dioxide Allergies.
  • Wheat Allergies.
  • Fruit Allergies.

When an allergic reaction occurs, it’s because the body release antibodies such as histamine and immunoglobulin E (IgE). It’s possible to have an IgE mediated allergy, a non-IgE mediated allergy and a mixed IgE and non-IgE mediated allergy. The main differences are that one will lead to a very fast reaction where symptoms are seen almost immediately and the other will take up to 48-hours to be seen.

According to the NHS, some of the more common symptoms include:

  • Nausea or vomiting.
  • Abdomen pain.
  • Tingling in the mouth.
  • Difficulty swallowing.
  • A raised itchy red rash (hives).
  • Swelling around the mouth, neck and face.

Whichever allergen caused you to suffer, Legal Helpline could help your burger restaurant allergic reaction case if it was caused by the restaurant’s negligence. Please contact us today for further advice.

Calculating Compensation For An Allergic Reaction

We’re now going to look at potential compensation figures for an allergic reaction. We don’t have a personal injury claims calculator here as we know, from experience, that every claim is different which means calculators can provide misleading figures. Instead, we’ve taken figures from the Judicial College Guidelines (JCG) and put them in the table below. The JCG is used by insurers and solicitors to compare compensation amounts for similar injuries.

Type of ReactionNotesGuideline Compensation
Severe Allergic ReactionsSymptoms of an allergic reaction of this severity might result in a few weeks in hospitalisation. Some injuries will be long-term and could affect the claimant's ability to work or enjoy life in the long-term.£36,060 to £49,270
Serious Allergic ReactionsSymptoms of an allergic reaction of this severity will cause serious but short-lived suffering.£8,950 to £18,020
Minor Allergic ReactionsSymptoms of an allergic reaction of this severity will require hospital admission for a matter of days. After treatment, most symptoms will clear up quickly.£3,710 to £8,950

The figures from the JCG are based on how severe your injuries are/were. Therefore, your solicitor will need to provide medical evidence to support your claim. As part of the process of claiming, you’ll be invited to a local medical assessment. The specialist will review your case notes, ask questions about how the allergic reaction affected you and examine you. After that, they’ll compile a report with their findings and send it on to your solicitor.

Compensation Awarded Through Special Damages

When your solicitor requests compensation for your burger restaurant allergic reaction, they’ll ask for general damages first. That is the amount paid to cover pain and suffering, we provided examples in the previous section.

Then they could ask for special damages to be awarded which are paid to reimburse costs you’ve incurred due to your injuries. For instance, you may be able to claim for:

  • Travel-related costs.
    In this category, you could ask for any costs you’ve incurred because you were unable to drive while you were ill. Also, if you paid for fuel or parking fees because of medical visits, you could request these back too.
  • Care costs.
    Some allergic reactions could leave you laid up in bed for days or weeks while you recover. That might mean you need somebody to care for you. In that scenario, you could claim back any care costs. If you have been supported by a friend, an hourly cost for their time could be calculated and submitted.
  • Lost Income.
    Similarly, if you’re unable to attend work while you’re getting better, it’s possible you’ll lose some or all of your income. If that’s true, the losses could be added to the claim. When you suffer long-term injuries, and your ability to continue working is reduced, it’s sometimes possible to ask for future lost earnings to be awarded as well.
  • Medical Expenses.
    Even when your treatment is free on the NHS, medication costs can still leave you out of pocket. For instance, you might have to pay for prescriptions, non-NHS services and over the counter treatments. 

It’s worth noting down any expenses you incur as you go. Otherwise, it can be difficult to recall it all when it comes to submitting a claim.

No Win No Fee Claims For A Burger Restaurant Allergic Reaction

Are you ready to begin a burger restaurant allergic reaction claim but concerned about how much you’ll need to pay? If so, we can help alleviate your worries and financial risk. That’s due to the fact that our panel of solicitors offer a No Win No Fee solution to all claimants they agree to work with.

In the first instance, they’ll take a look at your claim’s viability. If they agree to proceed, and you’re happy to do so, they’ll give you a CFA (Conditional Fee Agreement) to sign.

The CFA enables your claim to proceed quickly because you won’t need to pay any upfront fees. Also, during the claim, you won’t be asked to cover any solicitor’s fees and that’s also the case if the claim fails.

When a solicitor wins your claim, you’ll pay them a small percentage of your compensation called a success fee. So that you’re aware of this fee, it’s listed in the CFA when you sign. To put your mind at ease, success fees are legally limited.

Ask a member of our team today to check if you’re able to claim using a No Win No Fee service.

How We Are Here To Help

You’ve come to the end of this article on making a claim for a burger restaurant allergic reaction. Now that you have, we’d like to help you begin your claim. If you’d like to start today, here are the best ways to contact our team:

We follow the same process, no matter how you contact us. Step one is where your claim will be reviewed by an advisor for free. Step two is where the advisor will look at any evidence you have. The final step is where your case could be referred to one of our panel of personal injury solicitors if there’s a reasonable chance of success. As mentioned earlier, they’ll work using a No Win No Fee solution for all claims they take on.

If you’re claiming on behalf of a child who’s suffered a burger restaurant allergic reaction, we can help you too. There is a process where you become a ‘litigation friend’ so that you can represent your child’s interests and proceed with the claim for them. If you’d like more advice on this process, please chat with an advisor today.

Find Out More About The Claims Process

To complement the advice that we’ve already provided about claiming for a burger restaurant allergic reaction, we’ve listed some additional links and useful resources below. Should you need any further information, why not use our live chat channel to ask an advisor?

Causes Of Food Allergies – An NHS article detailing what’s known about how allergies are caused.

A Guide To Eating Out – Advice from Anaphylaxis Campaign about how allergy sufferers can plan their trip to a restaurant.

Schools Allergy Guidance – A government guide about how allergy sufferers should be considered when preparing school meals.

Burger King Allergy Claims – Information on asking for compensation after an allergic reaction in Burger King.

Seafood Allergy Claims – This guide explains the different types of shellfish and seafood that could cause an allergic reaction.

Child Injury Claims – This guide could prove useful if your child has suffered an allergic reaction and you want to claim on their behalf.

Guide by BE

Editor MA.