Costa Coffee Allergic Reaction Claims Guide – How To Claim Compensation For An Allergic Reaction After Eating Or Drinking At Costa Coffee

How Much Could I Claim For A Food Or Drink Allergy In Costa Coffee

If you suffer from food allergies, it could make eating or drinking while out and about a little more complicated than if you weren’t allergic to anything. If you’ve suffered an allergic reaction after eating in Costa Coffee, you may be thinking there would not be any action you could take, but if the outlet has been negligent, either in neglecting to provide accurate food allergy warning information on their website, pre-packaged products or via their servers, or you’ve asked for something to be left out of your food and the staff have ignored your request, you may be able to make a personal injury claim if you can prove that they breached their duty of care. 

This guide has been created to help those with food allergies that have suffered an allergic reaction from Costa Coffee foods and drinks. We explain what situations could lead to a claim, the responsibilities that Costa Coffee has towards those with food intolerances and allergies and explain how a personal injury lawyer could help you make a claim if your food allergy at Costa Coffee was caused by their negligence. If you’re already in a position to start a claim or would like us to assess your eligibility to claim for free, all you need to do is call Legal Helpline on 0161 696 9685.

Jump To A Section

A Guide To Claiming For A Food Allergy At Costa Coffee

Allergic reaction after eating Costa Coffee compensation claims guide

Usually, when you have been diagnosed with a food allergy, such as a milk allergy, nut allergy or another allergy to ingredients commonly found in foods, you would be advised to avoid consuming food that contains the allergen you react to. However, whether you are grabbing a quick takeout sandwich, or ordering a coffee at a coffee shop, this may require you reading the packaging or asking the serving staff if what you are ordering contains allergens you’re trying to avoid. You may even check the menu or website to ensure that you don’t inadvertently consume an allergen. 

But what happens if the information you’re given is inaccurate, and you suffer an allergic reaction after eating in Costa Coffee because of such misinformation? If you can prove that this happened due to negligence on the part of Costa Coffee, then you may be able to make a personal injury claim against them for the pain and suffering of your reaction as well as any related expenses you’ve incurred.

This guide explains in detail the kinds of situations that could lead to a claim following an allergic reaction to Costa Coffee UK products. We answer questions such as:

  • How much compensation could I receive for an allergic reaction from Costa Coffee?
  • There was no allergy warning on my food – could I claim?
  • What information should be on the Costa Coffee allergy menu?
  • How could using a No Win No Fee personal injury solicitor benefit me?
  • Where could I find a lawyer to help me make a claim for a food allergy at Costa Coffee?

We hope this guide is useful to you. However, if you need further information regarding your case, please do call us and we’ll be happy to support and advise you.

What Is An Allergy To A Food?

Allergic reactions occur when the human body perceives something as a threat, and the immune system responds by attacking it. In terms of food allergies, this would mean that the immune system could mistakenly perceive something you have consumed as a threat.

What Are Allergic Reactions To Eating From Costa?

There are a wide range of symptoms you could suffer following an allergic reaction after eating in Costa Coffee if you have consumed something you are allergic to. These include:

Non-IgE mediated – These reactions may not present themselves right away after consuming an allergen. Instead, they may develop within hours or even days of consuming something you’re allergic to. Symptoms may include:

  • Cramps
  • Constipation
  • Vomiting, without any diarrhoea
  • Dry, cracked or red skin
  • Itchy skin

IgE mediated – One of the most common reactions. IgE symptoms may present quite quickly in some cases, and could include:

  • Hives
  • Facial swelling
  • Difficulty breathing or shortness of breath
  • A tingly, itchy mouth
  • Wheezing
  • Feeling faint
  • Dizziness
  • Vomiting, or feeling nauseous
  • Hayfever-like symptoms
  • Swallowing difficulties
  • Swelling of the body, throat or mouth

Anaphylaxis – This condition could be considered very serious indeed. Anaphylaxis could include any of the symptoms above, as well as:

  • Swollen tongue
  • Collapsing
  • Breathing difficulties
  • Issues with swallowing or speaking
  • A tight chest
  • Dizziness

It is vital that urgent medical treatment is sought if you suspect you or someone else is suffering from anaphylaxis as it could be life-threatening.

No matter how severe your allergic reaction after eating in Costa Coffee is, if it is due to the negligence of Costa Coffee as a business or its staff and you can prove this was the case, you may be able to claim compensation for the pain and suffering you’ve experienced.

How Often Do People Have Allergic Reactions To Foods?

Allergy UK has published the following statistics that relate to allergy sufferers in the UK.

  • The UK’s prevalence of allergic conditions is amongst the highest in the world
  • Over 20% of the UK population has at least one allergic condition
  • 44% of adults in Britain have at least one allergy
  • 48% of these sufferers are allergic to more than one thing
  • Approximately 1 in 1000 of the population has suffered from anaphylaxis
  • Allergic diseases cost the NHS around £900m per year

Allergies To Foods

There are many different foods that you could be allergic to. Some of the common allergic conditions relating to foods could include:

  • Nut allergies
  • Egg allergies
  • Milk allergies
  • Dairy allergies
  • Wheat allergies
  • Soy allergies
  • Fruit allergies
  • Cereal allergies
  • Gluten allergies
  • Celery allergies
  • Seafood allergies
  • Fish allergies
  • Lupin allergies
  • Mustard allergies
  • Shellfish allergies
  • Sulphur dioxide allergies

No matter what type of allergies you suffer from, if you have had an allergic reaction after eating in Costa Coffee due to their negligence in providing you Costa Coffee allergy info, or failing to leave ingredients out of your food, a personal injury solicitor could help you make a claim against them for the harm you’ve suffered.

I Asked Takeaway Staff To Leave Out An Ingredient

While much of what is served at Costa Coffee is pre-packaged, there may be instances when you could request an adjustment to your food so that an item is prepared without an allergen. According to government advice, if you request that something is left out when preparing your food or drink, the serving staff should comply with your request. Depending on what you’re ordering from Costa Coffee, you could request your food or drink to be prepared with:

  • No Cheese
  • No Eggs
  • No Wheat
  • No Oats
  • No Fish
  • No Milk
  • No Nuts

If your server is not sure about whether they would be able to remove an allergen from your food or drink, they should inform you of this so you could request to speak to a senior member of staff or choose an alternative product.

Costa Coffee Had Ignored My Request To Leave Out An Ingredient

When it comes to serving food to someone with a food allergy, the restaurant’s responsibility is to ensure that if they are aware of that allergy, they do not serve you food containing such an allergen.

If you have specifically requested that a server leave an ingredient out of your meal, and staff ignore your request, you may suffer an allergic reaction after eating in Costa Coffee if you consume your food or drink believing that the allergen has been omitted from your order. If this is the case, you may be able to claim compensation for the suffering and pain you’ve experienced due to your allergic reaction if you can show the outlet breached its duty of care. Personal injury claims could be made where servers have ignored your request for:

  • No Cheese
  • No Eggs
  • No Wheat
  • No Oats
  • No Fish
  • No Milk
  • No Nuts

These are just a few examples. If you’ve had an allergic reaction following Costa Coffee staff ignoring a request to leave something out of your order, why not call our team for advice and support. We’d be happy to help you.

How Are Allergic Reactions Caused By Negligent Restaurants?

Negligent restaurants could cause a customer to have an allergic reaction in a number of different ways. If you have suffered an allergic reaction after eating in Costa Coffee due to their negligence, it may be because:

  • They ignored your request for something to be left out of your food
  • They did not give you the correct allergy information when you informed them that you had a dairy allergy, soy allergy or another allergy
  • Their pre-packaged foods failed to mention allergens that were contained in them and you suffered a Costa Coffee nut allergy, dairy allergy or another type of allergy because of this

What Are My Rights Under The Consumer Rights Act?

You also have certain rights under the Consumer Protection Act 1987. You have the right to purchase a product that is not defective, and if you are served a defective product that causes injury, damage or loss, the seller or manufacturer could be held liable. In terms of a defective product from Costa Coffee, this may be one that:

  • Is prepared with something you’ve asked not to be included
  • Has not been labelled with the correct allergen warnings (from pre-packaged food)
  • Has been sold to you negligently (i.e. you have asked if allergens are present and been given the wrong information)
  • Has been cross-contaminated with an allergen and you have not been advised about this when you asked

If you’re not sure whether your food allergy at Costa Coffee was caused by negligence or not, we could offer you case-specific advice for free. Simply call our team to talk to us about what’s happened, and we’ll assess your case and provide advice on the steps you could take. If we believe that your allergic reaction after eating in Costa Coffee could have been prevented if Costa staff or the business had not been negligent, we could connect you with a personal injury solicitor that could help you make a claim.

Could I Still Claim If I Failed To Tell Costa About My Allergy?

If you did not let the serving staff know that you had an allergy, you may be under the impression that you would not be able to make a claim for compensation. However, this is not necessarily the case. If the website, menu or pre-packaged food did not contain allergy warnings, and you had a reaction because of Costa’s failure to warn you of certain allergens present in their foods, you may be able to claim compensation.

Failing To Warn Customers Of An Allergy

Failure to warn customers of certain allergens present in foods could leave food service providers liable for allergic reactions caused by such omissions. There are specific allergens that customers should be warned about on menus, packaging or on their website. These include:

  • Wheat
  • Sulphur dioxide
  • Soy
  • Shellfish
  • Seafood
  • Nuts
  • Mustard
  • Lupin
  • Gluten
  • Fish
  • Eggs
  • Dairy/Milk
  • Cereal
  • Celery

If you’ve had an allergic reaction after eating in Costa Coffee due to their failure to warn you of such allergens, then you could make a claim for the harm you’ve suffered from consuming the allergen in question.

What Foods May Cause People To Have Allergic Reactions?

Some of the most common allergies relating to foods include:

  • Wheat allergies
  • Sulphur dioxide allergies
  • Soy allergies
  • Shellfish allergies
  • Seafood allergies
  • Nut allergies
  • Mustard allergies
  • Milk allergies
  • Lupin allergies
  • Gluten allergies
  • Fruit allergies
  • Fish allergies
  • Egg allergies
  • Dairy allergies
  • Cereal allergies
  • Celery allergies

Costa Coffee Menu And Food Allergy Information

Below, we have included information about what items are available from Costa Coffee UK. The allergy information should be displayed on their menu or their website, or you could ask the serving staff if you are in a Costa Coffee shop. Please note that menu items could be subject to change.

Coffees

  • Honeycomb Latte Macchiato
  • Honeycomb Cappuccino
  • Flat White
  • Latte
  • Cappuccino
  • Mocha
  • Flat Black
  • Macchiato
  • Cortado
  • Mocha Cortado
  • Caramel Cortado
  • Americano
  • Espresso
  • Premium Filter Coffee
  • Ristretto

Coffee Over Ice

  • Honeycomb Iced Cappuccino
  • Honeycomb Iced Latte (Shaken)
  • Iced Latte
  • Iced Cappuccino
  • Iced Flat White
  • Iced Mocha
  • Iced Americano
  • Iced Espresso Macchiato
  • Iced Cortado

Cold Brew Coffee

  • Honeycomb Cold Brew Coffee
  • Strawberry Cold Brew Coffee
  • Cold Brew Coffee Black

Frostino

  • Honeycomb Frostino with Light Dairy Swirl (with Coffee)
  • Coffee Frostino
  • Belgian Chocolate & Cream Frostino with Coffee
  • Belgian Chocolate & Cream Frostino
  • Salted Caramel & Cream Frostino
  • Salted Caramel & Cream Frostino with Coffee
  • Strawberry & Cream Frostino
  • Mint Choc Chip Frostino & Cream

Fruit Coolers

  • Red Summer Berries Fruit Cooler
  • Mango And Passion Fruit Cooler
  • Coconut and Watermelon Fruit Cooler
  • Iced Teas & Lemonades
  • Honeycomb Lemonade
  • Strawberry Lemonade
  • Classic Lemonade
  • Strawberry Iced Tea
  • Peach Ice Tea

Hot Chocolate & Other Milk Drinks

  • Ruby Cocoa Hot Chocolate and Cream
  • White Hot Chocolate
  • Hot Chocolate
  • Chai Latte
  • Milk Babyccino

Tea

  • English Breakfast
  • English Breakfast Decaf Tea
  • The Earl
  • Jasmine Green Tea
  • Double Mint Infusion
  • Pure Green tea
  • Superfruity Infusion

Drink And Food Allergy In Costa Coffee Compensation Calculator

A very common question that you might ask if you have had an allergic reaction after eating in Costa Coffee is ‘what compensation could be appropriate for my claim?’. We would not suggest that you use a personal injury claims calculator to work this out, as each claim would be assessed on its own merits. You’d also need to have an examination by an independent medical expert in order to obtain a medical report to evidence the severity of your reaction. This could be used to hone in on a value for your claim. 

We understand that you might feel a little frustrated by not knowing how much your claim could be worth, so we have chosen to offer some insight into injury claim guideline payout amounts from the Judicial College Guidelines, in order for you to get a rough estimate of the value of your claim.

ReactionPayout Bracket (Approx)Notes
Allergies (Severe)£36,060 to £49,270Inpatient treatment in hospital could have been needed for some days or in some cases, weeks. Long-term effects on ability to work or enjoy a normal social life might feature. Symptoms may have included severe pain, vomiting, and diarrhoea.
Allergies (Serious)£8,950 to £18,020Serious yet short-lived reactions, that resolve over time.
Allergies (Minor)£3,710 to £8,950Hospital admission might have been required initially but recovery would be good.
Allergies (Trivial)From around £860 to £3,710Minor reaction that resolves within a few days or weeks.
Mental Anguish£4,380 The claimant might have feared for their life.

How Special Damages Compensate Allergy Victims

Allergy victims could also claim compensation to cover expenses caused by their allergic reactions. These are known as special damages. Special damages could include:

  • Earning losses
  • Care expenses
  • Medical expenses
  • Travel costs

In order to include special damages within your claim, you must be able to evidence them. Keeping payslips, receipts and bank statements could be useful in allowing you to include such costs within your claim.

No Win No Fee Claims For A Drink Or Food Allergy At Costa Coffee

If you’re looking to claim compensation for an allergic reaction after eating in Costa Coffee, you would have to prove that:

  • Costa Coffee had a duty of care towards you
  • There was a breach of this duty
  • The breach caused you harm
  • You were claiming within the personal injury claims time limit relevant to your case

Proving this alone might be possible but it could be tricky, which is why many claimants prefer to use the services of a personal injury lawyer to help them. 

You could retain the services of a personal injury lawyer without having to pay upfront to start your claim if you chose to work with a lawyer that works under No Win No Fee payment terms. You would also not be required to pay legal fees until your claim had concluded successfully and compensation had been paid out. You would simply need to sign a Conditional Fee Agreement to promise a small, legally capped sum to your lawyer in the event of a successful claim. 

If your claim was rejected and no compensation was forthcoming, you wouldn’t have to cover the solicitor’s costs or settle the success fee.

We understand that you could have questions about this process, or you might like our help in finding an appropriate lawyer that works under these terms. We’d be happy to talk this over with you on the phone.

Contact Us About A Food Allergy Claim

Whether you’re ready to begin a claim for an allergic reaction after eating in Costa Coffee, or you have questions about your eligibility to claim, we could help. You can reach us in a variety of ways.

  • By calling our helpline on 0161 696 9685
  • By using our contact form to get in touch
  • Or, by chatting to a member of our team through Live Chat

However you prefer to get in touch, we’re ready to help.

References

Information On Food Standards – If you’re looking for intolerance or allergy guidance, this page could offer some useful information.

Training On Food Allergies– What training should food servers have regarding intolerances or allergies? Find out here.

Allergy Testing Information – The NHS provides information on allergy testing on this page.

Claiming For Allergies To Wheat –This guide offers insight into what might lead to a person being able to make a wheat allergy claim.

Finding A Food Allergy Solicitor – Here, you can find information on finding a solicitor to help you with a food allergy claim.

Nut Allergy Claims – Claiming for a nut allergy? This guide offers some useful information and guidance.

 

 

Guide by JS

Edited by REG