It’s thought that Caribbean food was introduced to the UK as far back as the 1920s. As it’s popularity increases, so do the number of restaurants and takeaways that serve dishes like jerk chicken, fried plantain, brown stew chicken and mutton stew. While most people have an enjoyable experience when eating Caribbean foods, anybody who’s trying it for the first time, and who suffers from a food allergy, will be very cautious about what food they choose. Their choice is usually easier because legislation means certain allergens present in a meal need to be clearly listed. In this guide, we’ll take a look at when you could claim for a Caribbean restaurant allergic reaction caused by negligence.
We’ll review what rules restaurants should follow, when they might be liable for an allergic reaction and what amount of compensation you could receive.
Legal Helpline can support you through the process of making a claim. Our team of specialists provide completely free legal advice about claiming and a no-obligation consultation. If it’s deemed your case is strong enough, you could be connected to one of the personal injury solicitors on our panel. Any claim that they are happy to take on will be handled on a No Win No Fee basis.
If you would like to discuss starting a claim for a food allergic reaction, please call 0161 696 9685 today. Otherwise, carry on reading to learn more about making a personal injury claim for a Caribbean restaurant allergic reaction.
Select A Section
- A Guide To Claiming For A Caribbean Restaurant Allergic Reaction
- What Are Allergic Reactions After Eating Caribbean Food?
- Favourite Caribbean Restaurants In The UK
- Regulations On The Display Of Allergy Information In Restaurants
- Should You Tell The Restaurant About Your Allergies?
- Could A Diner Request Ingredients Be Taken Out Of Their Choice?
- Statistics Concerning Allergies To Foods And Drinks
- Common Triggers And Causes Of Food Allergic Reactions
- Calculating Compensation For An Allergic Reaction To Caribbean Food
- No Win No Fee Claims For A Caribbean Restaurant Allergic Reaction
- Our Team Is Here To Help
- Resources To Support Your Case
A Guide To Claiming For A Caribbean Restaurant Allergic Reaction
If you’re the type of person who likes to try different styles of cooking from time to time, you might’ve ended up looking at a Caribbean restaurant menu. Something as simple as looking at your options can be quite scary if you are an allergy sufferer. Because of the many dangers of consuming allergens, legislation exists to make sure allergen information is communicated. If you are given incorrect allergen information which results in you becoming ill you may have the basis for a compensation claim.
During the course of this article, we’ll look at what duties a restaurant has regarding allergens, if they could be held to account for mistakes that cause you to have a reaction, and when you might be able to sue them for your suffering.
Making a claim for a Caribbean restaurant allergic reaction can be tricky. It can be made somewhat easier if you have a personal injury solicitor on your side. If that’s how you want to progress, we’d suggest you start sooner rather than later. That’s because it’s easier to remember what led to your allergic reaction the sooner you begin and also, you’ve more chance of complying with the personal injury claims time limit. That’s 3-year limitation period which usually starts on the date of your reaction.
What Are Allergic Reactions After Eating Caribbean Food
Those who have food allergies are not allergic to certain cuisines such as Caribbean food but the ingredients that may be included in some of the dishes. If you suffer an allergic reaction at a Caribbean restaurant that you believe was due to the restaurant’s negligence the onus is on you to prove that you suffered unnecessarily because there was a breach in the food safety laws and in the duty of care owed to you.
Legal Helpline can provide assistance if you’re considering a claim. Our advice is free even if you don’t end up making a claim so please let us know what happened today.
Symptoms Of The Most Serious Anaphylactic Shocks?
The most serious type of allergic reaction that can happen is known as anaphylactic shock. Anybody who suffers anaphylactic shock needs to be treated urgently and the emergency services should be contacted on 999.
Some of the common symptoms of anaphylactic shock include:
- Tight chest.
- Trouble speaking or swallowing.
- Feeling faint (or dizzy).
- Collapsing or passing out.
- Swollen tongue.
- Trouble breathing properly.
If you, or somebody you love, has suffered an anaphylactic shock in a Caribbean restaurant, please let us know what happened and we’ll review your case for you. We won’t charge for any advice offered, even if you decide not to file a claim.
Favourite Caribbean Restaurants In The UK
Here is a list of the top Caribbean restaurants and takeaways in the UK:
- Turtle Bay UK
- Cottons Restaurants
- Spiced Roots Restaurant – Oxford
- Caribé Restaurant & Bar – Nottingham
- Pollo Tropical
Favourite Caribbean Dishes In The UK
Just for your information, we’ve also created a list of some of the UK’s favourite Caribbean dishes:
- Flying fish & Cou Cou.
- Jerk Chicken.
- Pepperpot Stew.
- Roti / Chipati.
- Fried Plantain.
- Rice and Peas
- Callaloo (amaranth)
- Rum Punch
Regulations On The Display Of Allergy Information In Restaurants
The duty of care that restaurants have to protect their customers isn’t just an advisory notice, there are many pieces of legislation which make it a legal obligation. Here are some of the relevant laws that could be used to support a claim:
- Article 14 of EC Regulation 178/2002 means it’s illegal to serve unsafe food for human consumption that could injure somebody.
- Section 15 of the Food Safety Act 1990 means it an offence to sell food which is falsely described (including misleading as to the ingredients).
- Section 14 of the Food Safety Act 1990 makes it an offence to sell food that’s not of the nature demanded.
Information Which Must Be Provided To Restaurant Diners
As mentioned already in this article, a Caribbean restaurant or Caribbean takeaway must let you know about allergens that might be present in your food. So how is this achieved? Well, there are several methods including:
- On the menu or website from which you place your order.
- When you ask staff about allergens.
- Using signs, in prominent positions, that tell you where information about allergens can be located.
For the last of those methods, it’s perfectly acceptable for the restaurant to have a sign saying, ‘Please check our website for allergen information’, or, ‘Please discuss any allergies with a member of staff’.
Should You Tell The Restaurant About Your Allergies?
It’s quite common for people to believe that they have to inform the staff in a restaurant about any allergy they suffer from. Restaurants have to make it clear when one of the 14 allergens is or could be, contained in their food. That means, even if you didn’t tell staff about your allergy, a claim might still be possible for a reaction caused by inadequate information about allergens in the food you purchased.
Could A Diner Request Ingredients Be Taken Out Of Their Choice?
It’s quite normal for restaurant guests to request that their dish is modified. You might request something like a sauce is left out because you don’t like its flavour. In the same way, as an allergy sufferer, you might ask for an allergen to be removed. In some circumstances, the restaurant might not be able to fulfil your request. When that happens, you’ll usually be asked to pick something else to eat.
However, when the waiting staff agree to your request (they may have checked with kitchen staff first), you should expect the ingredient to be completely removed when the food is served. If it hasn’t been, and you then suffer an allergic reaction, Legal Helpline could help you start a claim for the suffering you sustained.
What Could Be Caused By Being Served Food You Have An Allergy To?
When a bespoke order isn’t prepared correctly, and the diner suffers a reaction as a result, they could have any number of common symptoms (refer to the list later in this guide) which can make them ill. In more serious cases, the allergic can be so serious that it causes an anaphylactic shock which needs urgent medical treatment.
To help make a Caribbean restaurant allergic reaction claim, you will need to provide details of anybody who heard your request being made. Also, you could keep a copy of the receipt if it shows that the waiting staff had listed the item you wanted to be removed on it. Please ask one of our specialists for more information on making this type of claim.
Statistics Concerning Allergies To Foods And Drinks
Information released by the Food Standards Agency shows that:
- 1 in 100 people suffer from coeliac disease.
- Up to 8% of children in the UK suffer from allergic reactions caused by foods.
- Up to 2% of adults also suffer from allergies related to foods.
Common Triggers And Causes Of Food Allergic Reactions
You may be surprised to know how many different foods can lead to an allergic reaction. Some, like peanut allergies, are more common due to the fact there are a lot of news stories about them. Some airlines are even considering stopping serving them at all because very small amounts in the air can cause a passenger to suffer an allergic reaction.
For clarity, here’s a list of other allergies that people suffer from:
- Celery Allergies.
- Fish Allergies.
- Lupin Allergies.
- Soy Allergies.
- Sulphur Dioxide Allergies.
- Egg Allergies.
- Gluten Allergies.
- Milk Allergies.
- Dairy Allergies.
- Wheat Allergies.
- Cereal Allergies.
- Nut Allergies.
- Seafood Allergies.
- Fruit Allergies.
- Shellfish Allergies.
- Mustard Allergies.
Reactions can occur when the allergen is contained in certain foods or in some cases where the cooking oil contains one i.e. sesame oil, peanut oil or soy oil.
According to this NHS article, the most common symptoms of allergic reactions include:
- Abdominal pain.
- Vomiting and nausea.
- Tingling in the mouth.
- A raised itchy rash.
- Feeling lightheaded.
- Swelling of the face, mouth or throat.
- Difficulty swallowing.
Calculating Compensation For An Allergic Reaction To Caribbean Food
Now it’s time to look at potential compensation amounts that could be paid following a food allergic reaction. As personal injury claims calculators can be misleading, we’ve provided the table below instead. It shows data from the Judicial College who maintain a publication on compensation amounts. Please use this information for guidance at this stage, we’ll be able to provide a more personalised figure after your claim has been reviewed fully.
|Claims For||Further Details||Compensation|
|Non-traumatic Injury||Allergic reactions which are minor with symptoms pain, cramps, and diarrhoea continuing for some days or weeks.||From around £860 to £3,710|
|Allergic Reaction - Significant Discomfort||Allergic reactions which might require a hospital stay causing significant discomfort, stomach cramps, alteration of bowel function and fatigue.||£3,710 to £8,950|
|Severe toxicosis||Allergic reactions which result in severe pain and suffering, causing vomiting, diarrhoea, and fever. Some long-term symptoms will persist and the claimant's ability to work or enjoy life can be affected.||£36,060 to £49,270|
You’ll no doubt have noticed that the figures paid range quite a lot based on the severity of the injuries. That’s why it’s crucial that medical evidence is supplied that backs up your claim. To help with that, your solicitor will arrange for a local medical assessment to be carried out during the claims process. When you attend the appointment, your injuries will be reviewed along with your medical records, then you’ll be asked to explain what suffering the injuries caused. Once that’s done, the medical specialist will prepare a report containing the relevant information for your solicitor.
Compensation Awarded Through Special Damages
When a personal injury solicitor files a compensation claim, they can ask for two things: general damages and special damages. The first is used to compensate you for any loss of amenity along with the pain and suffering caused by your injuries. We provided examples of potential general damages figures in the previous part of our guide.
Special damages are different as the aim is to reimburse any expenses you’ve incurred as a result of your illness. Each claim is unique and depends on what costs you’ve had to pay for, but you could ask for:
- Lost Income.
It’s fairly common to lose income if you’re not able to work while you recover. Therefore, any lost income could be added to your claim. In more serious cases, where you’re not able to carry out the same work as before due to long-term symptoms, you could ask for future lost income to be considered as well.
- Care Costs.
When your injuries mean you’re unable to care for yourself, you may need to have somebody look after you. If that happens, you could claim back any costs linked to your care. Most commonly, this will be where an hourly rate is calculated to cover the time of a loved one who’s cared for you.
- Medical Expenses.
Should you incur prescriptions costs, have to pay for non-NHS treatment or pay for other medication, then you could ask for these costs to be paid back.
- Travelling Expenses.
Another common part of a special damages claim is for fuel or parking costs when you’ve had to attend a medical appointment. Also, when you’re unable to drive because of your allergic reaction, you could ask for the costs of any alternative travel arrangements to be paid for too.
No Win No Fee Claims For A Caribbean Restaurant Allergic Reaction
Our panel of solicitors are aware that people may not pursue compensation claims due to the worry about the costs of personal injury solicitors. To help prevent a lot of worries, and to reduce the financial risks, opt for a No Win No Fee solution for your claim.
At the beginning of the claim, a solicitor will need to look at what’s happened and check if the claim has the potential to be successful. If it does, and you want to continue, a Conditional Fee Agreement (CFA) will be drawn up.
The CFA provides you with some security and a number of benefits including:
- The claim can begin right away as there aren’t any upfront fees.
- You won’t be asked to cover any solicitor’s fees as the case continues.
- There will be no solicitor’s fees whatsoever if the claim should fail.
The CFA will also clearly explain the success fee payable should your claim be won. This is used to cover the solicitors time, work and effort and makes up a small portion of your compensation. So that it’s clear from the start, the exact percentage you’ll pay is listed in the CFA. Furthermore, any such fee is capped legally.
Our Team Is Here To Help
We hope that you’d like Legal Helpline to help you start a claim. If that’s the case, here are our contact details:
- Call one of our fully trained advisors for free advice on 0161 696 9685
- Email us with an outline of what happened to [email protected].
- Ask us to call you back when it’s more convenient by completing our claims form.
- Or let an online advisor guide you through the process using our live chat option.
The advisor you speak to will check what happened and who was to blame. Then they’ll review any evidence you have to substantiate your claim. If they’re happy that your claim might be successful, they’ll connect you to one of the personal injury solicitors on our panel. To reduce your financial risk, they’ll conduct the case using a No Win No Fee service if it’s accepted.
Resources To Support Your Case
This is the final part of our article on Caribbean restaurant allergic reaction claims. You should now have enough information to help you decide whether you can claim or not but to provide further assistance, we’ve added some extra links and resources below.
Allergic Reactions To Eggs – If you’ve had an allergic reaction caused by hens eggs, this guide should prove useful.
Harvester Restaurant Claims – A guide which specifically looks at whether you can claim for an allergic reaction after eating in a Harvester restaurant.
Gluten Allergy Claims – A detailed look at personal injury claims following an allergic reaction to food containing gluten.
Food Alerts – This is a useful tool which lets you know about recent food recalls which can happen if they contain unadvertised allergens.
Diagnosing Food Allergies – An NHS article detailing the steps taken to identify food allergies.
Living With Anaphylaxis – Advice from a UK charity about how you can reduce the chance of suffering anaphylactic shock.
Guide by BE
Published by MA.