If you suffer from an allergy, there’s a high chance that you spend a lot of time checking menus and food packaging before making a purchase. All that effort can be wasted if an item of food is prepared incorrectly, labelled poorly or contaminated with an allergen by mistake. If you suffer from an allergic reaction, due to a retailer’s negligence, you could be entitled to seek compensation. In this guide, we’re going to look at when you could claim compensation for an allergic reaction after eating Domino’s Pizza. We’ll look at why allergic reactions happen, what types of negligence could lead to a claim and how much compensation you could be entitled to.
Legal Helpline offers free claims advice and a no-obligation assessment of any claim. An advisor will begin by reviewing your claim with you. If they believe the case could be successful, they’ll connect you with one of the personal injury solicitors from our panel. If they agree to take your claim on, they’ll do so on a No Win No Fee basis.
To begin your claim right away, please call 0161 696 9685 today. Otherwise, please continue reading our Domino’s Pizza allergen guide for more information on when you could claim.
Jump To A Section
- A Guide To Claiming For A Food Allergy From A Domino’s Pizza
- What Are Food Allergies And Intolerances To Foods?
- How Common Are Allergies To Foods In The UK
- I Asked Domino’s To Leave Out A Highlighted Allergen
- Allergic Reactions Caused by Restaurants Acting In A Negligent Way
- Consumer Protection Legislation
- I Didn’t Inform Domino’s Of My Allergy, Could I Still Claim Damages?
- What Ingredients Could Cause You To Have An Allergic Reaction?
- Domino’s Pizza Menu Allergen Information
- Food Allergy Caused By Domino’s Pizza Compensation Calculator
- How Else Could I Be Compensated?
- No Win No Fee Claims For A Food Allergy Caused By Domino’s Pizza
- Contacting The Legal Helpline Team
- References
A Guide To Claiming For A Food Allergy From A Domino’s Pizza
When you purchase food from retailers, restaurants, cafes and takeaways, the business owner is bound by legislation relating to food labelling. It is in place to try and ensure anybody who suffers from a food allergy can quickly and easily identify any dangerous ingredients contained within their purchase.
It doesn’t matter if you purchase your food in person or arrange for it to be delivered, allergens should be clearly displayed to help you decide whether the food is safe to eat. If it’s not, and you suffer an allergic reaction as a result, you could be entitled to make a compensation claim against the retailer if you can prove they breached their duty of care. In this guide, we’re specifically looking at claiming for an allergic reaction after eating Domino’s Pizza, but the advice we provide could apply to other establishments too.
We always advise you to seek legal advice as soon as possible because of the personal injury claims time limit. This is a 3-year time period, usually from the date of your allergic reaction, that you’ll need to submit your claim within. If you fail to do so, your claim will become statute-barred by law and you won’t receive any compensation you could’ve been entitled to.
In this guide, we’ll review how allergic reactions are caused, how common they are in the UK, when Domino’s Pizza could be liable for your suffering and when you might be entitled to seek compensation.
When you’ve read our guide, if you would like to begin a claim or if you require any further information, please feel free to speak with a member of our team. The advice you’ll receive is free and you’ll be under no obligation to continue.
What Are Food Allergies And Intolerances To Foods?
Food allergies are caused when your immune system reacts to certain ingredients, according to the NHS. Essentially, your body wrongly believes the ingredient is harmful and reacts to try and protect you. Some allergic reaction symptoms are fairly minor, such as a raised red rash (hives), itchiness in the mouth, throat or around the eyes or swelling around the lips, tongue and the roof of the mouth.
However, some allergic reactions can be life-threatening or even fatal. This is called anaphylaxis which can lead to difficulty breathing and swallowing.
Food intolerances are different from allergies because it is not the immune system that causes the symptoms. Generally, intolerance to food will cause digestive problems which, in most cases, are less serious.
What Allergic Reactions Could Be Caused By Eating An Allergen From Domino’s?
As we continue through this guide, we’ll take a look at the different items on the Domino’s Pizza menu. As an allergy sufferer, if you’re considering ordering a pizza, you’ll probably be on the lookout for the allergen that affects you and have a number of questions. For instance, you might ask, “Does pizza dough contain eggs or milk?” or you might want to check if their products contain gluten.
It is the responsibility of Domino’s Pizza to ensure that any menu, discount voucher pamphlet or their website contain clear indications of any allergen that is present or could be present, in their meals. You might think that as such a large organisation, they’ll have the legal side of things covered. However, mistakes can still occur and items that aren’t supposed to be present could be.
If you do suffer an allergic reaction after eating Domino’s Pizza, you should retain a copy of the packaging, menu or screenshot of the website that you ordered from. Furthermore, it might be a good idea to keep a sample of the food in case testing is required.
How Common Are Allergies To Foods In The UK
According to the charity Allergy UK, over 20% of the population is affected by allergies. In fact, their statistics show that of the 44% of British adults who suffer, 48% are in fact affected by more than one allergy. It’s important to note that not all of those allergies are caused by food ingredients, but the numbers are still quite staggering.
Another study that they’ve highlighted shows that there has been a 615% increase in hospitalisations due to anaphylaxis in the 20-years before 2012. This goes to show just how education has caused more people to realise that severe allergic reactions require immediate medical attention.
I Asked Domino’s To Leave Out A Highlighted Allergen
When you order a Domino’s Pizza, you are able to request that some toppings are removed. For instance, if you suffer from a dairy allergy, you might ask for cheese to be removed as a topping. Here are some items that you might ask to be removed when ordering from Domino’s Pizza or other restaurants:
- No cheese.
- No milk.
- No eggs.
- No fish.
- No tomatoes.
- No wheat.
- No milk.
- No oats.
- No nuts.
In some cases, the restaurant might say it’s impossible to take the ingredient out, which means you’ll need to order something different. However, if they agree to remove it, but fail to do so completely and you suffer an allergic reaction, you could be entitled to seek compensation from the company. Please contact us to discuss whether you could be eligible to make a claim.
Allergic Reactions Caused By Restaurants Acting In A Negligent Way
You might think it’s not possible to seek compensation after an allergic reaction because, after all, it’s not the restaurant’s fault that you’re an allergy sufferer. However, there are important food labelling requirements in the UK that means 14 different allergens have to be listed on menus, in their establishments and on websites where food can be ordered.
This could be as simple as displaying a notice to say, “Please ask a member of staff about Domino’s Pizza allergen information.” Another way of highlighting the presence of an allergen is to clearly label it on the menu or website.
On top of indicating that allergens have been used in the product, the restaurant could use warnings such as, “may contain nuts” when products are prepared in an area where it’s possible cross-contamination could occur.
Where labelling is not clear enough, you might be entitled to make a claim if it’s the reason you go on to suffer a reaction.
Consumer Protection Legislation
When you purchase food, the company you buy from will have a duty of care under the Consumer Protection Act 1987 to ensure that allergen information is displayed clearly. If they fail to do so, you could have a right to claim compensation for any suffering caused if you can prove that the company involved breached its duty of care. Who you claim against might depend on how you ordered i.e. if you order direct or via an online food ordering service. Please speak with a member of our team for further advice.
I Didn’t Inform Domino’s Of My Allergy, Could I Still Claim Damages?
Put simply, the answer to this question is ‘yes’. As already described, Domino’s Pizza, and other restaurants, have a legal obligation to highlight any allergens that are present in their food. You don’t have to tell them about your allergy as you should be able to rely on menus and labelling for the information you need. However, if you’re unsure, we’d always advise you to confirm that the information is correct with a member of staff.
Restaurants Failure To Notify Customers Of Potential Allergens
As described in the scenario above, a food retailer could be liable for your allergic reaction if they breached food labelling laws and failed to indicate that an allergen was, or could be, present in the food you ordered.
If that’s the case, you could sue them for the suffering caused as a direct result of their negligence. If you’d like free legal advice regarding a claim against Domino’s Pizza, please contact an advisor today.
What Ingredients Could Cause You To Have An Allergic Reaction?
There is quite a large list of different ingredients that can cause allergic reactions. Although we haven’t covered them all within this guide, you could make a claim for an allergic reaction caused by any of them if it wasn’t clearly indicated to you.
The following is a list of allergies that people can suffer from.
- Wheat allergies.
- Nut allergies.
- Egg allergies.
- Dairy allergies.
- Seafood allergies.
- Mustard allergies.
- Milk allergies.
- Fruit allergies.
- Cereal allergies.
- Gluten allergies.
- Celery allergies.
- Fish allergies.
- Lupin allergies.
- Soy allergies.
- Sulphur dioxide allergies
- Shellfish allergies.
If you believe you suffered a reaction to any of the allergens listed above, which arose because of a breach in the restaurant’s duty of care, please contact a member of our team to discuss your options.
Domino’s Pizza Menu Allergen Information
Due to the COVID-19 pandemic, many restaurants and takeaways, including Domino’s Pizza, reduced the number of products on their menu. This meant that less staff were needed to work in confined spaces. For your information, the following items are on the Domino’s menu at the time of writing.
Pizza
- Original cheese and tomato.
- Mighty meaty.
- Pepperoni passion.
- Texas BBQ.
- Vegi supreme.
- American hot.
- Chicken feast.
- Domino’s tandoori hot.
- Hot and spicy.
- Meateor.
- New Yorker.
- Ham & pineapple.
Sides
- Pop’n chicken.
- Pop’n chicken combo.
- Potato wedges.
- Garlic bread pizza.
- Coleslaw.
- Chick ‘n’ mix box.
- Chicken strippers.
- Strippers combo.
- Chicken kickers.
- Kickers combo.
- Spicy BBQ wings.
- Chicken wings.
Dips
- Garlic & Herb Dip
- BBQ Dip
- Franks Redhot Dip
Desserts
- Domino’s Cookies
- Ben & Jerry’s Moo-phoria Choc Cherry Garcia
- Ben & Jerry’s Birthday Cake
- Ben & Jerry’s Caramel Chew Chew
- Ben & Jerry’s Chocolate Fudge Brownie
- Ben & Jerry’s Cookie Dough
- Ben & Jerry’s Fish Food
- Magnum White Tub
The items listed are subject to change and may not be available at all branches. To see the latest Domino’s Pizza allergen information, please click here.
Food Allergy Caused By Domino’s Pizza Compensation Calculator
If you’ve decided that you’re going to make a claim for an allergic reaction after eating Domino’s Pizza, then you’ll probably want to know how much you’ll receive. As each claim is unique, we can’t provide personalised compensation estimates here. However, to give you some indication of what you could expect to receive, we’ve compiled the table below which shows potential compensation amounts for suffering caused by an allergic reaction. The figures are taken from guidelines produced by an organisation called the Judicial College, which reviews compensation awards made by the courts.
If your claim has a chance of success, and you’re referred to one of the specialist solicitors on our panel, then you’ll receive a more accurate compensation estimate once they’ve assessed your claim thoroughly.
Claim Type Compensation Further Details
Allergic reaction Claim Up to £3,710 The symptoms in this bracket will be minor and resolve within 2 weeks without treatment.
Allergic reaction Claim £3,710 to £8,950 The more serious symptoms in this bracket, such as stomach cramps, significant discomfort or fatigue will usually result in hospitalisation and symptoms will usually last for a few weeks. Complete recovery can take as long as a year.
Allergic reaction Claim £8,950 to £18,020 This bracket covers more serious symptoms which will generally diminish in around two to four weeks. More serious symptoms could be permanent or longer-lasting and might merit a higher compensation amount.
When you submit a claim, the defendant’s solicitor might admit liability but not agree with the amount of suffering the mistake caused. This can have an impact on how much compensation you receive if your solicitor can’t counter their arguments. Therefore, as part of the claims process, our panel of solicitors will organise for you to be examined by a medical expert, which will be carried out locally. During the appointment, the medical specialist will examine your records and ask some questions about how you’ve been affected. They’ll then produce a report which explains what injuries were sustained, how you suffered and whether you’ll be affected in the long-term.
How Else Could I Be Compensated?
When making personal injury claims, solicitors can claim for two different elements of loss, known as heads of claim. They can claim for special damages and general damages. The latter is designed to cover any pain and suffering your injuries cause you. The figures in the above table provide insights into general damages payments. Special damages are used to reimburse you for any expenses you’ve incurred due to the allergic reaction you’ve suffered.
When claiming for special damages, you’ll need to provide evidence to support your claim and demonstrate your losses. Therefore, it’s a good idea to retain any bank statements, receipts and wage slips to show any costs you’ve incurred.
Special damages can include:
- Travel expenses: You might need to make multiple trips to a GP, hospital or pharmacy during your recovery. You could, therefore, recover any travel-related costs like fuel or parking fees. Also, if you’re unable to drive while going through your recovery, you could claim the cost of any alternative travel arrangements.
- Care costs: If you need a carer to support you following your allergic reaction, it’s possible to claim back any related costs.
- Medical costs: Usually, your treatment will be provided for free by the NHS. However, you could still claim if you incur prescription costs or have to pay for any other form of treatment.
- Lost earnings: You might lose out financially if you need to spend time away from work for treatment or to recover. If so, you could include lost earnings in your claim. For longer-term suffering that affects your chances of returning to work, you could claim for future loss of earnings too.
No Win No Fee Claims For A Food Allergy Caused By Domino’s Pizza
We completely understand that the main concern for many people when considering suing for compensation is the cost of doing so. That’s why we work with a panel of personal injury lawyers who work on a No Win No Fee basis.
The first thing a solicitor will do is assess whether your claim could be successful. If they believe there is a good chance of success, and you’re happy to proceed, you’ll be provided with a Conditional Fee Agreement to sign (CFA). As well as providing you with crucial access to justice, funding your claim with a CFA has a number of benefits, including:
- You don’t need to pay any upfront fees, which means your solicitor can start your claim right away.
- There are no solicitor’s fees to pay while the claim is processed.
- If the claim fails, you won’t have to cover the solicitor’s fees for their work.
In cases where your solicitor wins, and you’re compensated, the solicitor will retain a small portion of your compensation to cover their costs. This is known as a success fee. The size of the fee will be listed in the CFA and is legally capped, so it won’t come as a surprise and you don’t need to worry too much about it.
If you’d like to know whether you’re eligible to claim on a No Win No Fee basis, please speak to us today. Our advice is free and you’re under no obligation to proceed.
Contacting The Legal Helpline Team
Thanks for reading this guide about suffering an allergic reaction to Domino’s Pizza. If you’d now like to make a claim and would like Legal Helpline to assist you, here’s how to get in touch:
- Call for free advice from a specialist advisor on 0161 696 9685
- Chat with an online advisor.
- Use our online claims form to request a call back from a member of our team.
- Email details of your claim to [email protected].
When you contact us to discuss a personal injury claim, the first step of the process is a no-obligation assessment. Your advisor will listen to what’s happened, review evidence that you supply and will let you know if you have a chance of success. If you do, you’ll be referred to one of the specialist personal injury solicitors on our panel. Any claim that they agree to take on will be handled on a No Win No Fee basis. If you’re considering making a claim, please contact an advisor today for free legal advice.
References
This is the final section of this guide that set out to explain when you could claim compensation for an allergic reaction after eating Domino’s Pizza. If there’s anything else you’d like to know, please ask a member of our team or take a look at the following guides and useful resources.
Claiming For An Allergic Reaction – Information on why you could be entitled to claim compensation following an allergic reaction.
Allergic Reactions To Wheat – A guide with information about claiming compensation following a reaction caused by wheat.
Seafood Allergy Claims – A more detailed look at claiming for allergic reactions caused by seafood and shellfish.
Preventing Allergies – Information from the NHS about what steps you can take to prevent known allergies.
Anaphylaxis Campaign – A UK charity who aim to support those at risk of severe reactions.
Food Standards Agency – The government agency who provide advice on all aspects of food legislation.
Guide by BE
Edited by REG