Pizzeria Food Allergic Reaction Claims Guide – How To Claim Compensation For An Allergic Reaction After Eating A Pizza?

    Those who suffer from allergies will take extra precautions to ensure they avoid harmful ingredients to the best of their ability. For example, when dining at a pizzeria, someone with an allergy may read the menu and or question the staff regarding a specific item. While there are measures that a pizzeria can implement to cater to allergy sufferers, should a pizzeria breach it’s duty of care, their actions could lead to an allergic reaction.

    If you have experienced an allergic reaction after eating at a pizzeria, then you might question whether you could pursue a compensation claim. Throughout this online guide, we will discuss how a third party could breach their duty of care, ultimately leading to an allergic reaction incident. This guide will also discuss how a personal injury solicitor could assist you and your case.

    If at any point you have any questions or if you feel that you are ready to begin your case, then please speak to one of our advisers. The number to call is 0161 696 9685.

    Select A Section

    1. A Guide To Claiming For A Pizzeria Allergic Reaction
    2. What Are Pizzeria Food Allergies And Associated Allergies?
    3. Legal Protections Afforded To Diners
    4. Top 10 Pizza Restaurant And Takeaway Chains
    5. Should You Tell A Restaurant Of Your Dairy, Gluten, Wheat Or Other Allergy?
    6. Could A Diner Request An Ingredient Be Left Out Of A Meal?
    7. Statistics On Rates Of Gluten, Wheat And Dairy Allergies
    8. What Are The Most Common Food Allergies People Could Suffer?
    9. Calculating Compensation For A Pizzeria Allergic Reaction
    10. No Win No Fee Claims For A Pizzeria Allergic Reaction
    11. How To Get Help
    12. Supporting Resources

    A Guide To Claiming For A Pizzeria Allergic Reaction

    Those that suffer from allergies and intolerances will take every measure possible to ensure they avoid the harmful ingredient. However, being cautious about the products you consume is only half of the battle.

    Allergic reaction after eating at a Pizzeria compensation claims guide

    Allergic reaction after eating at a Pizzeria compensation claims guide

    When ordering food at a pizzeria, the business is obligated to outline any allergens included within their food. In doing so, this allows customers to make an informed decision. However, should a pizzeria fail to implement reasonable safety measures—such as listing allergens on their menu—their negligence could cause an allergic reaction to occur.

    If you have experienced an allergic reaction after eating at a pizzeria, then you might question whether you could make a claim. Throughout this guide, we will answer numerous questions relating to allergy claims, such as:

    • Can I benefit from a No Win No Fee agreement?
    • What are the allergenic ingredients in a pizza?
    • I have experienced anaphylaxis after eating pizza. Could I make a claim?
    • What are the 14 main allergens?

    After reading this guide to the very end, you should have a greater understanding of the claims process and how a personal injury solicitor could be of assistance. However, if you have any questions, please speak to one of our advisers.

    What Are Pizzeria Food Allergies And Associated Allergies?

    Allergies are thought to be extremely common, affecting 1 in 4 people. Allergies affect people in different ways, as they can prompt different reactions and symptoms with varying severities. In its most basic form, an allergic reaction is the body’s response to a product it considers to be harmful.

    There are various types of allergic reactions that can happen, each with different symptoms and severity levels. To offer insight, we have listed the different types of reactions that may occur.

    Non-IgE Allergic Reactions

    A reaction of this is often referred to as minor, as the symptoms will occur over a prolonged length of time. Symptoms are as follows:

    • Cramps
    • Vomiting
    • Itching
    • Red, dry or cracked skin
    • Constipation

    IgE Allergic Reactions

    A reaction of this nature would often have a moderate outcome. While it may not be life-threatening, it could be extremely damaging. Symptoms are as follows:

    • Nausea
    • Itchy/tingling mouth
    • Wheezing
    • Hay fever-like symptoms
    • And hives.

    Symptoms And Causes Of Anaphylactic Shocks

    Anaphylaxis is the most severe type of allergic reaction. In most cases, those who experience anaphylaxis will require immediate medical attention, as it could be detrimental if not treated.

    As outlined by the NHS, symptoms of anaphylaxis include:

    • Confusion
    • Anxiety
    • Losing consciousness
    • Fast heartbeat
    • Lightheadedness or faintness 
    • Breathing difficulties
    • Wheezing
    • Clammy skin

    Allergies To Dairy, Gluten And Wheat

    Those who suffer from a dairy, gluten or wheat allergies will take measures to ensure they avoid the ingredients that cause them harm. However, should they be exposed to a harmful component, then there are different types of symptoms they may experience, such as:

    • Bloating
    • Stomach cramps
    • Leaky gut syndrome
    • Acid reflux
    • Skin problems
    • Nausea
    • And diarrhoea

    While the UK has stringent legislation set in place to try and shield those with food allergies, unfortunately, situations can still arise. For example, if you order an item from a pizzeria that is described as dairy and gluten-free, but ultimately causes you to have an allergic reaction, then you could have grounds to make a claim.

    If you can provide evidence that displays how a pizzeria was at fault, then you could have grounds to make a compensation claim. For more information, please contact one of our advisers.

    Legal Protections Afforded To Diners

    Under the Consumer Rights Act 2015, customers are within their legal rights to request adjustments to their orders, especially if they are allergic. The Act also sets out that a customer who is sold goods that do not have the correct labelling may have grounds to make a claim.

    In reference to a pizzeria, a customer could have grounds to claim if they:

    • Purchase products that are mislabeled that cause them harm.
    • Cross-contamination that has caused a reaction.
    • If an item contains an allergen, like cheese, that a customer requested to be omitted, and this request was agreed to by the pizzeria.
    • Or, if a freshly prepared item included an allergen that isn’t correctly labelled.

    If you experience an allergic reaction after eating at a pizzeria, then you might be unsure whether you could make a claim. If that is the case, then why not speak to one of our advisers? 

    They are more than happy to talk with you to discuss your circumstances in greater length. If they believe that you have suffered negligence at the hands of a third party, they could connect you to a personal injury solicitor from our panel that is best suited to handle your case.

    Does A Restaurant Have To Provide Information On Allergens?

    As outlined by the Food Standards Agency, businesses are required to provide allergen information and follow labelling rules. Therefore, this means that food businesses, such as pizzerias, must do the following:

    • Provide allergen information to the consumer for both prepackaged and non-prepackaged items.
    • Handle and manage food allergens with caution and effectiveness.

    Therefore, when ordering food from a pizzeria, they need to acknowledge all allergens within their food. This means they are required to list all allergens on their menus to ensure customers are highly aware. Failing to do so could result in an allergic reaction-based situation, potentially making them liable for the accident.

    Top 10 Pizza Restaurant And Takeaway Chains

    Below, we have included a list of top 10 restaurants and takeaway chains in the UK.

    1. Pizza Express
    2. Carluccios
    3. Prezzo
    4. Domino’s Pizza
    5. Papa John’s
    6. Pizza Hut
    7. Zizzi
    8. Bella Italia
    9. Strada
    10. Tops Pizza

    Should You Tell A Restaurant Of Your Dairy, Gluten, Wheat Or Other Allergy?

    While it is essential to inform the restaurant of your allergy, you could have grounds to claim if you experience an allergy reaction. A pizzeria is required to have accurate allergen information displayed on their menus to ensure customers are highly informed.

    So if you were to purchase a product that is labelled gluten-free but experience an allergic reaction, the pizzeria could be held accountable if their failings can be proven. Therefore, if you believe you have suffered an allergic reaction due to incorrect labelling, please speak to one of our advisers.

    If you can provide evidence that shows a pizzeria is at fault and has breached their duty of care, then you could have grounds to make a compensation claim. For more information on how a personal injury solicitor could assist your potential claim, why not speak to one of our advisers? They can offer you free legal advice and help you kickstart your case.

    Could A Diner Request An Ingredient Be Left Out Of A Meal?

    If a pizzeria fails to warn a customer of an allergen, then it could create a dangerous and potentially life-threatening situation. For example, in many cases, an allergy sufferer will tend to take preventative measures to ensure they are free from harm. From menu adjustments to checking the ingredients of a dish, there are numerous measures they may take. However, if they were to order a product with incorrect labelling, or request a product be left out of their meal that isn’t fulfilled, it could cause a dangerous situation.

    Here is a list of items customers might request be left out of their meal:

    • Tomatoes
    • Fish
    • Milk
    • Eggs
    • Nuts
    • Oats
    • Wheat
    • Cheese

    What Would Happen If I Am Still Served A Potential Allergen?

    Not only could a pizzeria be held accountable for failing to outline the ingredients in their menu items, but they may also be held accountable for a server failing to acknowledge your request. As a customer, you are entitled to request an item be removed from your order. Staff should advise you if this request cannot be met. However, a claim could be a suitable course of action if:

    • The information given about allergens by servers was incorrect.
    • The request was acknowledged but you were served a dish with the allergen anyway. 
    • A food item you’d ordered to be prepared without an allergen was cross-contaminated with that allergen.

    A pizzeria has a direct obligation towards its customers to display allergens and to create an environment that takes allergens seriously. Should they fail to do so, a customer could order a product and have an allergic reaction.

    If you have experienced an allergic reaction after eating at a pizzeria, then a personal injury solicitor could be of assistance. With their support, they could assist you throughout the claims process and help you seek compensation for the trauma you’ve endured.

    Statistics On Rates Of Gluten, Wheat And Dairy Allergies

    As outlined by the Food Standards Agency, the rates of food allergy and intolerance vary across the world, affecting 1 in 4 people. The amount of people affected by allergic reactions has drastically increased over the last 20-years—showing a 615% increase. This is reflected in the 2014 statistics, as there were 20,318 admissions to hospitals related to an anaphylactic-based reaction.

    What Are The Most Common Food Allergies People Could Suffer?

    As stated by the Food Standards Agency, 14 common types of allergies affect people. They are as follows:

    • Fish
    • Lupin
    • Molluscs
    • Sulphur Dioxide
    • Nuts
    • Peanuts
    • Eggs
    • Sesame Seeds
    • Soya
    • Celery
    • Cereals containing gluten
    • Crustaceans
    • Eggs
    • Mustard

    If a customer has a specific request, the server must ensure that the request is taken seriously. These obligations are also extended to pizzerias and their delivery services. Failing to comply could cause significant health implications, severe illness, injury, or in the worst-case scenarios, death.

    Calculating Compensation For A Pizzeria Allergic Reaction

    Claimants tend to question how much compensation they could be awarded should they choose to pursue an allergic reaction claim. While some firms opt to use a personal injury claims calculator to offer an estimated figure, we have used the Judicial College Guidelines to create a table. The table provides insight into the compensation process, as it outlines how the type of injury and its severity can influence the compensation amount.

    ReactionPayout BracketDescription
    Mental Anguish £4,380Compensation of this bracket could be awarded to a claimant that feared for their life or worried their quality of life would be affected.
    Allergies (serious)£8,950 to £18,020The event would be short-lived and would resolve over a prolonged period of time.
    Allergies (Severe) £36,060 to £49,270A reaction of this nature would require treatment due to long-term health implications. The individual would not e able to enjoy a social life or work for some time.
    Allergies (minor)£3,710 to £8,950A reaction of this nature would require Hospital admission. However, the recovery would be good.
    Allergies (slight) From around £860 to £3,710The reaction would be extremely minor. The symptoms would be resolved within a matter of days or weeks.

    If you have experienced an allergic reaction due to the negligent actions of another, then you will be required to attend a medical assessment as part of the claims process. The medical professional conducting the evaluation will examine the extent of your injuries, look at its severity, and determine whether there are any long-lasting implications.

    Upon completion of the medical assessment, the information will be documented in a report which can be used to value and support your case.

    If you have any questions relating to the compensation calculator or a medical assessment, why not give our team a call. Here at Legal Helpline, one of our team would be more than happy to speak with you in greater detail and answer any questions you may have.

    Compensation And Special Damages

    Within the previous section, we discussed how you could be awarded compensation for any physical and/or psychological trauma you’ve endured. However, it is worth noting that you may also be awarded special damages for any financial loss you’ve experienced. For example, you may be awarded compensation for:

    • The cost of care
    • Medical expenses
    • Travel costs
    • The loss of potential earnings
    • Damage to personal property

    For a special damages claim to have validity and be successful, you must be able to provide evidence to support your claim. Such as:

    • Receipts
    • Payslips
    • Bank statements
    • Bills

    No Win No Fee Claims For A Pizzeria Allergic Reaction

    If you have suffered an allergic reaction after eating at a pizzeria, then you might consider making a compensation claim. If a personal injury solicitor from our panel offers to handle your claim, it will be under a No Win No Fee agreement.

    There are numerous benefits to a No Win No Fee agreement, such as:

    • No payable fees to begin your case.
    • Zero fees to pay while the claim is on-going and active.

    If the claim has a successful outcome, then the solicitor handling the case will deduct a small fee from the awarded settlement. This is referred to as a success fee. By law, a success fee is capped. Therefore you do not have to worry about losing much of your compensation.

    Time Limitation Period

    It is also worth noting that your claim must meet the statutory time limitation period in order to be deemed valid. For a compensation claim to be valid, it must meet the following criteria:

    • The claim must be made within 3-years from the date of the incident.
    • Or, the claim must be within 3-years from the date you became knowledgeable of an illness or disease caused by a negligent third party.

    How To Get Help

    After reading this guide, you might be wondering whether you could pursue a compensation claim with a personal injury lawyer? If that is the case, then why not reach out and speak to our claims team. Not only can our team offer you free legal advice, but they can answer any questions you may have, and help you begin your potential claim.

    If you would like to speak with one of our advisers, then you can contact our team in one of the following ways:

    • To call our team, the number to call is 0161 696 9685.
    • If you’d like to enquire online, then please click here.
    • Or to use our live chat feature, please click the button at the right bottom corner of the page.

    Supporting Resources

    Within the final section of this guide, you will find additional resources. If you have any questions regarding this guide or how a personal injury lawyer that could assist you, then please speak to one of our advisers.

    FAQ: Allergic Reaction Claims – A guide looking at allergy claims.

    Nut Allergy Claims – A guide discussing nut allergic reaction claims.

    Allergic Reaction To Dairy Claims – A guide discussing dairy product cases.

    Treating Allergies – A list of available treatments for allergies from the NHS.

    Report A Problem – Report food-related queries to the government’s Food Standards Agency.

    Steroid Medicines – Details of different steroid medicines supplied by the NHS.

     

     

    Guide by MN

    Edited by REG