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

If you’re a fan of continental food, you might like the idea of visiting a restaurant in the UK that serves French food near you to experience one of their popular dishes like Croque Monsieur, Jambon-Beurre or Boeuf Bourguignon. If you’ve never tried French food before but decide to visit a restaurant in the UK and you’re an allergy sufferer, you’ll probably need to be extremely careful about what food you order. Luckily, the UK has very strict rules about how restaurants advertise allergens that are contained within their meals. However, if through restaurant negligence you are provided with incorrect allergen information and you suffer an allergic reaction as a result, then you might want to make a French restaurant allergic reaction claim.

If you are considering doing so, Legal Helpline can support you. Our friendly team of advisors can walk you through the process and review the claim on a no-obligation basis. If the evidence you supply indicates there’s a chance of success, then your claim could be referred to a personal injury solicitor on our panel. So that your claim is less stressful, it will be handled using a No Win No Fee service if it’s accepted.

To start a claim for an allergic reaction in a French restaurant today, please call 0161 696 9685. If you’d like more details on claiming for a food allergic reaction before contacting us, please keep reading.

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A Guide To Claiming For A French Restaurant Allergic Reaction

Allergens can be found in many different foods and meals. They can even be present in foods that don’t use them as ingredients because of tiny traces caused by cross-contamination. That means choosing a meal as an allergy sufferer can be a real nightmare. Because allergic reactions can be fatal in rare circumstances, there are laws in place which restaurants need to adhere to. It means that they have a duty to provide certain, but not all allergen information that’s easy to find and understand. This guide is about restaurants within the UK that serve French food.

Allergic reaction after eating French restaurant food compensation claims guide

Allergic reaction after eating French restaurant food compensation claims guide

All restaurants within the UK must follow food safety guidelines and laws that are set out by the Government. Throughout this article, we’ll look at what causes an allergic reaction, why a restaurant might be held liable for your suffering and if compensation might be paid.

Something you should know is that there is a personal injury claims time limit associated with all claims. For adult claimants, that’s usually a 3-year period from the date of the allergic reaction. That does seem like a long time and could lead to you putting off your claim until later. However, we’d advise that it’s much easier to remember what happened if you start the claims process sooner rather than later. Furthermore, a solicitor will need time to collect medical reports, witness statements and to review any other relevant evidence that could support your time, so they’d appreciate you starting earlier as well.

Legal Helpline is here to answer any questions you have about making a claim. We’ll happily provide advice even if you don’t go on to make a claim. Our advisors are available now, so if you have a question, or you’re ready to begin, please contact us today.

What Is An Allergic Reaction After Eating French Food?

This article sets to explain how certain foods and cuisines like French dishes may contain ingredients that may cause food allergy sufferers an allergic reaction. A person may not be allergic to French dishes but certain ingredients and foods that are used to make up these dishes and other dishes from around the world. When we talk about a French restaurant allergic reaction in the UK we are talking about someone eating a French dish and having an allergic reaction to a certain ingredient that maybe could have been prevented had the restaurant been more diligent.

If you feel that your allergic reaction was caused by the negligence of staff in a French restaurant in the UK and would like free advice on claiming, please let us know what happened by calling the number above.

What Might Cause You To Have An Anaphylactic Reaction?

Anaphylactic shock (or anaphylaxis) is the most severe type of allergic reaction. It can be life-threatening, or fatal, if not treated as an emergency. It is one of the main reasons why laws exist to try and prevent allergic reactions to food.

We will look at the symptoms of allergic reactions later on but the main symptoms of anaphylaxis which usually happen soon after eating include:

  • Wheezing or breathing difficulties.
  • A rapid heartbeat.
  • Clammy skin.
  • Collapsing or becoming unconscious.
  • Feeling lightheaded.
  • Becoming anxious or confused.

If you’ve suffered a French restaurant allergic reaction that’s led to anaphylactic shock, you might be entitled to ask for compensation for your suffering. Please contact us today for further advice.

What Is A Gluten Intolerance Or Allergy?

Gluten intolerance is where a sufferer develops symptoms like bloating, tummy pain, wind or diarrhoea after eating food containing wheat. They can also develop symptoms like itching or skin rashes similar to an allergic reaction but food intolerances are never life-threatening like an allergy could be (source). However, somebody who is allergic to gluten is known to suffer from coeliac disease which causes damage to the gut.

Popular French Restaurants And Foods

Here are some of the most popular French restaurants and cafes in the UK:

  1. Cote Brasserie
  2. Cafe Rouge
  3. Bistro Pierre
  4. Aubaine

The UK’s Favourite French Dishes And Recipes

Just for your information, we’ve added a list of some of the UK’s favourite French dishes

  1. Coq au Vin
  2. French Onion Soup
  3. Ratatouille
  4. Boeuf Bourguignon
  5. Cassoulet
  6. Souffle / Chocolate Souffle
  7. Confit de Canard (Confit Duck)
  8. Salade Niçoise / Niçoise Salad
  9. Flamiche
  10. Tarte Tatin

Regulations Enforcing Restaurant Allergy Information

You might be surprised to know that there actually a fair few laws which are used to regulate the sale of food. We won’t list them all, but here are few examples:

  • Sections 14 and 15 of the Food Safety Act 1990 selling food not of nature or substance and incorrectly describing food.
  • Articles 14 of EC Regulation 178/2002 makes it illegal to serve or sell food that is unsafe.

Will Restaurants Have To Provide Information On Allergens To Customers?

So, how should restaurants go about letting their customers know about allergens? Well, here are some of their options:

  • Staff can tell customers when they ask about food ingredients.
  • A poster or leaflet could be placed prominently in the restaurant to tell customers where allergen information can be obtained.
  • Each menu item could have a list of allergens contained within the meal next to it.

As well as telling customers about the main 14 allergens that are known to be in food, if there’s a risk of cross-contamination in the production of the meal, they should also use ‘may contain’ warnings.

Failure to adequately inform customers about certain allergens could mean a compensation claim is possible if they go on to suffer as a result.

Should Diners Inform Restaurants About A Food Allergy?

Any allergen sufferer might be well advised to inform staff in a restaurant about any allergy they suffer from when ordering food. However, there’s no legal duty to do so.

That means that you shouldn’t worry if you forgot to tell the restaurant when ordering your food. If they failed to meet their obligations, you may still be allowed to claim compensation from them. Let one of our team know what happened and they’ll work out if you’re able to claim.

Can You Request An Ingredient Not Be Served To You?

It’s quite common to ask a restaurant to take something you don’t like out of a meal. For instance, if you don’t like the taste of mustard, you could ask for it to be left out. You can do the same if a particular ingredient is an allergen that you know will affect you.

The member of staff may have to ask the chef whether your request is feasible before committing to it or they might tell you that you need to order a different meal. However, if they do commit to fulfilling your request, but fail to do so, you could start to look at making a claim against them if you suffer due to their negligence.

What Are The Effects Of Restaurants Serving Food With Allergens In?

If your request is accepted that a certain allergen is left out and the food arrives and it contains the ingredient you asked to be left out, you could be entitled to ask for compensation for the suffering caused by a subsequent allergic reaction.

According to NHS advice, the most common allergic reaction symptoms (excluding anaphylaxis) include:

  • Finding it difficult to swallow.
  • Becoming lightheaded.
  • Diarrhoea or abdomen pain.
  • Swelling in the face, throat or mouth.
  • Tingling in the mouth.
  • A red itchy and raised rash known as hives.

Prevalence Rates Of Allergies To Foods And Drinks

For this part of the guide, we’re going to refer to data provided by the charity Allergy UK. Their figures show that:

  • Pensioners are the least likely to suffer from allergies.
  • In the year ending February 2014, over 20,000 hospitalisations were caused by an allergy.
  • 44% of British adults are allergy sufferers and nearly half of those have multiple allergies.
  • It is estimated that the NHS spends £900 million a year dealing with allergic diseases.

It’s important that we point out that the charity’s data is based on all allergies, not just food allergies.

Common Types And Causes Of Food Allergic Reactions

The number of different foods that can trigger allergic reactions is quite astonishing. That might because there are some which we read about or hear about on the news quite regularly because they have caused somebody serious injuries. However, even the less common allergens can be life-threatening, so we’ve decided to provide a comprehensive food allergen list below:

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

Whatever allergen causes you to suffer, we could help you start a French restaurant allergic reaction claim if it happened in the UK and was caused by a negligent act. Please consider letting us review your case, for free, to see whether you could be compensated.

Calculating Compensation For A Restaurant Allergic Reaction

While we can’t tell you exactly how much compensation you’ll receive here, because every claim is unique, you will receive an estimate once your claim has been fully considered. For information, we have included data from the Judicial College Guidelines (JCG) in the table below. The JCG lists different injuries along with compensation figures that are for general damages.

Type of AllergyDetailed GuidanceCompensation Range
Allergic ReactionThis is for a slight reaction where the symptoms will subside after a few days or weeks at most.From around £860 to £3,710
Allergic ReactionHospital treatment might be required for this type of reaction but any symptoms won't be long-term.£3,710 - £8,950
Allergic ReactionInitially, the symptoms of this type of reaction will be severe diarrhoea, and vomiting diminishing over two to four weeks with some remaining discomfort and disturbance of bowel function and impact on sex life and enjoyment of food over a few years.£8,950 - £18,020
Allergic ReactionThis type of reaction will cause a severe impact. The claimant will suffer problems that will affect their ability to work and enjoy life.£36,060 - £49,270

The table shows us that claims are settled based on the severity of your reaction. That means, your solicitor will need to arrange a medical assessment as part of the claims process. The local medical specialist you see will have copies of your medical records to review and they’ll examine you to see what symptoms are still present. You’ll also be asked questions about how the injuries affected you. After that, a report will be produced with the specialist’s findings. Importantly, they’ll also include a section about any conditions or injuries that will cause you ongoing or long-term problems.

Calculating Special Damages Awards

As well as claiming for the pain and suffering sustained because of your injuries (see the figures from the previous section), you’re also able to ask for any costs you’ve incurred to be paid back as well. This part of your claim is called a special damages award. The aim is to try and return you to the same position, financially, as you were prior to your accident.

Within a special damages claim, you could ask for:

  • Care Costs: There are times when an allergic reaction might mean you’re unable to complete basic tasks yourself. Therefore, if you have to have a carer, you could include the cost in your claim. If it’s a family member who has looked after you, it could be possible to work out an hourly rate for their time.
  • Medical Expenses: When you have to pay for prescriptions, non-NHS treatments or over the counter treatments such as pain killers or skin cream, you could claim the costs back.
  • Travelling Expenses: Should you incur travel costs related to medical appointments, you might be able to ask for them to be added to your claim. Also, if there’s the need to pay for other methods of transport because you can’t drive while recovering, these could be included too.
  • Lost Income: It’s quite possible that while you’re away from your workplace, you could lose a part of your income. Also, where your injuries leave you with long-term disabilities which impact your ability to carry on working in the same way as before, you may be able to ask for future lost income too.

It’s important that any expenses are relevant, and that you can prove the cost. Therefore, keep hold of receipts, wage slips, benefit statements or bank statements which show how much you’ve lost.

No Win No Fee Claims For A French Restaurant Allergic Reaction

You might worry about how much time you need to commit and what it will cost you. That’s why our panel of solicitors carry out most of the work during a claim and take away most of the financial risk by working on a No Win No Fee basis.

Initially, your case will need to be assessed to check its viability. After that’s done, if both you and your solicitor wish to proceed, a Conditional Fee Agreement or CFA will be drafted.

The CFA is what’s used to fund your case and it means:

  • You’ll not be asked to pay anything upfront.
  • There are no solicitor’s fees to pay while the case is ongoing.
  • In the event of a failed claim, you won’t be liable for your solicitor’s costs at all.

In the CFA, you’ll notice a section about success fees. These are used to cover the work your solicitor has carried out if they win the case and form a small percentage of the compensation you receive. By law, success fees are limited, and you’ll know what yours is going to be at the start of your claim.

Would you like to check if you could use a No Win No Fee agreement for your case? If so, get in touch today and we’ll check if your claim is suitable.

Our Team Is Here To Help

Legal Helpline would like you to let us assist your French restaurant allergic reaction claim. We have a team of fully trained specialists ready to discuss your case. To make things easier, there are a number of ways to start:

We’ll start the ball rolling by letting you explain what happened and how you have suffered. Then an advisor will advise you what evidence you’ll need or review any that you already have. If there’s a chance your claim could be successful, you will be connected to a specialist a solicitor. Should they accept your claim, they will work on a No Win No Fee basis for you.

Where Could I Learn More?

This is the final section of this Legal Helpline guide about claiming for a French restaurant allergic reaction. You should now have everything you need to decide if you’ll start a claim. Please read the following guides and links for more information that could prove helpful:

Anaphylaxis Campaign – A charity, based in the UK, who help allergy sufferers manage the risk of anaphylaxis.

COVID-19 And Food – Advice from the government about the risks of catching Coronavirus from food.

Treating Coeliac Disease – This NHS article provides information about how coeliac disease can be managed.

Hotel Claims – Advice on claiming for injuries sustained in a hotel (including their restaurants).

Nut Allergy Claims – This article looks at the causes of an allergic reaction to nuts and when a claim might be possible.

Waxing Treatment Claims – Information about claiming for suffering caused by waxing including an allergic reaction to chemicals used.

Please feel free to use our live chat tool if you’d like to request any further information about claiming.

Guide by BE

Published by MA.