Allergic Reaction After Eating At An Indian Restaurant – Can I Claim Compensation?

Having an allergic reaction after eating at an Indian restaurant could provoke a range of symptoms. You could suffer a rash, feel nauseous, or even have difficulty breathing. If you know you have a food allergy, you may have taken steps to try and avoid consuming something you’re allergic to by reading the Indian restaurant allergen menu before you ordered. Or, you may have asked the restaurant to leave a certain ingredient out of your meal. However, if the restaurant has not provided you with accurate allergen information, or has ignored your request to leave something out of your meal, then you could suffer an Indian food allergy.

In this guide, we take a deeper look at what could lead to an allergic reaction after eating at an Indian restaurant or eating food from an Indian takeaway. We look at the food allergy symptoms you could experience, and what responsibilities a restaurant has towards you if you have food allergies. We also include information relating to compensation payouts as well as explaining how we could help assess your case for free and connect you with a solicitor who could take on your claim for an allergic reaction caused by the restaurant or takeaway’s negligence. If you would like to discuss your case with us, please do not hesitate to call us for free, no-obligation advice. You can reach our expert advisors on 0161 696 9685.

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A Guide To Claims For An Allergic Reaction After Eating At An Indian Restaurant

Allergic reaction after eatin -at Indian restaurant compensation claims guide

Allergic reaction after eating at Indian restaurant compensation claims guide

Whether you’ve had an allergic reaction after eating an Indian takeaway or you’ve had a food allergic reaction in an Indian restaurant, even though you have precisely asked for a specific ingredient you are allergic to not to be in your food you may consider a claim for compensation. However, you could only do this in certain circumstances. To make a claim for an allergic reaction, you’d need to be able to prove that:

  • The Indian restaurant/takeaway owed you, as their customer, a duty of care
  • They were in breach of their duty towards you
  • Their breach resulted in you suffering some kind of harm (in this case, an allergic reaction after eating Indian food)

If the three statements above are true, you may be considering making a claim for compensation and could be looking for a legal professional to help you.

This may surprise you, but there is no legal requirement for claimants to use a personal injury solicitor when making a personal injury claim. However, many claimants prefer to use a legal professional for their claims, and there are many benefits to doing so, such as:

  • Less paperwork for the claimant to complete
  • The knowledge that action would be taken at the right time (such as within the personal injury claims time limit)
  • Negotiations would be handled properly.
  • A solicitor would know the maximum amount of compensation possible for the claimant.
  • Support if the case went to court

This guide explains more about how a solicitor could help you if you’ve had an allergic reaction after eating at an Indian restaurant. Covered in the sections below is the protection you have as a consumer, as well as what situations could lead to you being able to make a claim against a takeaway or restaurant that has wronged you. We also offer information about what sort of allergy symptoms you could suffer, as well as offering insight into the amount of compensation you could claim.

What Is An Allergic Reaction To Food?

If you have a food allergy, this means your body reacts when you eat certain foods. The symptoms you could suffer from an allergic reaction would be provoked by your immune system, which would launch a response if it mistook an ingredient or food item you’d consumed as a threat. This could lead to symptoms ranging from minor rashes and stomach upsets to anaphylaxis and anaphylactic shock.

What Is The Difference Between Anaphylaxis And Anaphylactic Shock?

Anaphylaxis and Anaphylactic shock could be used to describe the symptoms of a severe allergic reaction. This could be considered a life-threatening emergency. Common triggers of such reactions could include allergens such as nuts or shellfish, for example. Symptoms could include:

  • Mouth swelling
  • A fast heartbeat
  • Fainting
  • Dizziness
  • Vomiting
  • Difficulty breathing
  • A tight, or constricted throat
  • Hives
  • Collapse

Treatment for this type of reaction could involve being injected with adrenaline, steroids and other drugs. If you have a severe peanut allergy, and you have had a severe reaction before, you may have been provided with an auto-injector to carry with you for urgent treatment. A patient suffering from anaphylaxis may require hospitalisation, and if not treated quickly enough, such a severe reaction could be fatal.

Indian Food And Allergic Reactions?

Not all food allergic reactions will lead to such a severe reaction. Common symptoms of mixed IgE and non-IgE mediated food allergies you could suffer as the result of a food allergy to Indian food ingredients could include:

  • You could suffer a non-IgE-mediated food allergy. Symptoms of this type of allergy could include dry, itchy, red and cracked skin rashes, vomiting, constipation and cramps. Symptoms could take a little time to develop, so you may not initially be aware that you have consumed an allergen until much later.
  • Symptoms of an IgE mediated food allergy could include trouble swallowing, dizziness, throat swelling, mouth, face or body swelling, wheezing, hives, nausea, hay-fever symptoms, an itchy tingly mouth and vomiting.

While some people could suffer an upset stomach or other symptoms when they eat Indian food, this does not mean that Indian food and allergies always go hand in hand. Some people tolerate spicy food better than others. If you think you could be intolerant or allergic to certain ingredients in Indian foods, it could be wise for you to go for allergy testing to work out what you could safely consume. You can seek out local allergy services on the NHS website.

What Foods Could Trigger Allergic Reactions?

There is a huge list of foods that could provoke an allergic reaction, and some of them could be present in Indian dishes. These could include:

  • Cereals that have gluten or wheat in them
  • Crustacea
  • Prawns
  • Eggs
  • Fish
  • Ghee
  • Peanuts
  • Soybeans
  • Soy oil
  • Milk products
  • Dairy products
  • Lactose
  • Nuts
  • Nut oil (such as peanut oil)
  • Celery
  • Mustard
  • Shellfish
  • Sesame
  • Lupin
  • Molluscs
  • Sulphites/Sulphur dioxide

If, for example, you are ordering Indian food with a cashew allergy, you might check the menu to see if the dish contains nut oil in order to avoid an allergic reaction after eating at an Indian restaurant. The restaurant must provide you with accurate information on allergens contained in their food, and they should be able to answer your questions so that you can make a choice of what dishes are safe for you to consume.

Top Indian Restaurants And Chains In The UK

Many people enjoy eating Indian cuisine, and even if you have an allergy to Indian spices in some dishes, it should not mean you cannot enjoy other Indian dishes that don’t contain what you are allergic to. If you’re looking for an Indian restaurant to dine in, you may wish to consider some of the top names in Indian cuisine in the UK, such as:

  • The Cumin, Nottingham
  • Roti Chai, London
  • Haveli, Ponteland
  • Chutney Mary, London
  • Masala Zone
  • Prithvi, Cheltenham
  • Indique, Didsbury
  • Anokaa, Salisbury
  • The Cat’s Pyjamas, Headingley
  • Quilon, London

Wherever you choose to eat, you should be able to inform the restaurant of what you are allergic to and ask their advice on which foods to avoid in order to avoid an allergic reaction after eating at an Indian restaurant.

Allergy Statistics

Statistics relating to food allergies can be found on Allergy UK’s website. Here, we have picked out a few that might interest you:

Estimates reveal that:

  • 1-10% of adults and children have some hypersensitivity to foods
  • Between 11-26 million European citizens suffer from a food allergy
  • It is thought that there is a higher prevalence of allergies in toddlers (5-8%)
  • Adults are considered to be less commonly affected (1-2%)

Could I Request That A Specific Ingredient Be Left Out?

To avoid an allergic reaction when eating at an Indian restaurant, you might consider asking the restaurant to leave our specific ingredients that you are allergic to, whether you have an allergy to certain cooking oils, spices, or anything else. If a restaurant could make a meal safe for you by complying with such a request, according to government guidelines, they should try to do so.

What Could Happen If Staff Would Not Leave An Ingredient Out?

However, if staff cannot leave an ingredient out as per your request, and they fail to warn you of this, or if they ignore your request entirely and give you the food with the allergen you requested to be left out, this could lead to you suffering an allergic reaction.

In this case, the restaurant may be able to be held liable for your allergic reaction, and you could make a claim against them for this.

Protections Given To Diners Under Criminal And Civil Laws

There are certain protections afforded to diners under the law. The laws relating to allergens include:

  • Article 14 of EC Regulation 178/2002 – This reveals that if food injures someone’s health it could be considered unsafe.
  • Article 28 of EC Regulation 178/2002 -This article relates to the accuracy of the information given to consumers about their food and the traceability of food.
  • Section 14 of The Food Safety Act 1990 – This contains information relating to the sale of food that is not of the nature, quality or substance required.
  • Section 15 of The Food Safety Act 1990 – This contains information relating to the false presentation or description of foods.

In terms of civil law protections, the Consumer Rights Act 2015 allows consumers to hold food service providers liable if they suffer damage, loss or injury relating to products not being as described or those that are considered defective.

What Allergen Information Must A Restaurant Provide?

You should be provided information about specific allergens contained in your food. According to food.gov.uk, these allergens should be communicated to consumers as follows:

  • Pre-packaged foods – The allergens contained in pre-packaged foods should be emphasised on the ingredients list. You can usually find these in coloured, bold or italic typefaces. This should make them easier to see.
  • Loose foods – If any non-pre-packaged foods are sold to you, the allergen information must be communicated to you – any of the 14 allergens.
  • Eating out or ordering a takeaway – the restaurant should inform you in writing of allergen information. This could include providing allergens on the menu, or showing you where you could obtain allergen information. You should also be able to ask for allergen advice, which the restaurant staff should provide to you.

If the information you are provided is inaccurate, and you suffer an allergic reaction after eating at an Indian restaurant because of this, you may be able to make a claim for compensation against them.

Should You Tell Restaurants About Any Allergies You Have?

To avoid suffering an allergic reaction at an Indian restaurant, you should inform staff about your allergies so that you could be sure that you were not served something you would have a reaction to. Ingredients you could be allergic to include:

  • Cereals that have gluten or wheat in them
  • Crustacea
  • Prawns
  • Eggs
  • Fish
  • Ghee
  • Peanuts
  • Soybeans
  • Soy oil
  • Milk products
  • Dairy products
  • Lactose
  • Nuts
  • Nut oil (such as peanut oil)
  • Celery
  • Mustard
  • Shellfish
  • Sesame
  • Lupin
  • Molluscs
  • Sulphites/Sulphur dioxide

If you are unsure as to whether your allergic reaction to Indian food ingredients was caused by a restaurant’s negligence, please call our advisors for free, no-obligation advice. We’d be happy to assess your case to see if you could claim.

Allergy Damages Calculator

Some people prefer to get an idea of how much compensation their claim could be worth before they go ahead and start a claim for an allergic reaction. However, whether you’ve consulted a personal injury claims calculator, or you’ve asked a solicitor, the answer you would get would only ever be a rough estimate. The reason for this is that all personal injury claims have to be assessed separately and compensation determined based on the unique facts of the case.

One piece of evidence that might make a difference in the amount of compensation you could receive would be the medical report. During the process of making a personal injury claim, you would need to see an independent doctor so that they could examine you, review your notes and write a report that details your injuries and prognosis. This would be used by the solicitors to determine a value for your claim.

We understand that not knowing how much compensation your symptoms would bring could be somewhat frustrating we, therefore, have opted to offer some insight into what the Judicial College Guidelines have determined to be appropriate for certain injuries. This publication, updated annually, gives guidelines compensation amounts for specific injuries and is used by solicitors to put a value to your claim.

This is just a small selection of what injuries are included in the Judicial College Guidelines. If your injury is not included in this table, we could provide further insight over the phone for other types of injury.

InjurySymptoms and notesApprox compensation
Mental AnguishFear of losing their life might lead to this award for claimants£4,380.00
Disabling painResolving within days or a few weeks. From around £860 to £3,710
Poisoning causing significant discomfortHospitalisation may have been necessary but full recovery would have been made. £3,710 - £8,950
Serious but short-lived food poisoningInitial reaction might have been severe, but only in the short-term£8,950 - £18,020
Severe toxicosis These are reaction that lead to long-term after effects that could have consequences for the working ability or social life of the affected party.£36,060 - £49,270

Alongside the compensation you might receive for your injuries themselves, you could also claim special damages. These are designed to help you recover any costs or losses you’ve faced due to your injuries. They could include, but are not necessarily limited to:

  • Medical expenses
  • Care costs
  • Loss of income
  • Travel costs

We should point out that to claim these special damages, you would have to have proof of them. Therefore, it would be a good idea to keep all the paperwork related to these costs in a safe place, so that they could be provided to your personal injury solicitor upon request.

No Win No Fee Claims For An Allergic Reaction After Eating At An Indian Restaurant

We believe that every innocent victim of personal injury should have access to a legal representative no matter what their financial situation. No Win No Fee claims allow this to happen. They require no upfront payment to a solicitor for their assistance. Instead, a Conditional Fee Agreement would be signed by the claimant at the beginning of the claim. This document would agree that the claimant would pay the personal injury solicitor a small success fee at the end of the case if a compensation payout were achieved.

The success fee is capped and is only payable when a claim is successful. If the solicitor does not get the claimant any compensation, then the claimant would not be required to cover costs incurred by the solicitor while they were pursuing the claim.

To learn more about No Win No Fee personal injury claims, and how we could help you connect with a solicitor that works under these payment terms, you can call our team at any time.

Contact An Expert

If you’re not quite ready to claim for your allergic reaction after eating at an Indian restaurant, we could still help you. If you have some questions about the claims process or whether you could be eligible, then you can call our team to discuss this.

Not only could we complete a free eligibility check on your case, but we could also offer you some insight into what action you could take. If our expert advisors believe you could have a valid claim, we could connect you with a No Win No Fee injury solicitor who could take your case forward.

Whatever you need, we’re here to help:

Call 0161 696 9685 to speak to a member of our advisory team

Or, e-mail us on info@legalhelpline.co.uk

Alternatively, you could use our Live Chat service, or complete the contact form and our experts will get in touch.

Whenever you’re ready, we’re here to help.

Guides And Useful Information

Fenugreek And Allergies – Here, you can read some information about a common ingredient contained in Indian dishes and how it could relate to allergy symptoms.

Treatments For Nut Allergies – Here, you can find information from the NHS about potential treatments for nut allergies.

Claims For Seafood Allergies – Specific guidance on making a seafood allergy claim can be found here.

Claiming For A Milk Allergy – Details regarding milk allergy claims can be found in this useful guide.

Claims For Nut Allergies–  Detailed information regarding nut allergy claims can be found on this page.

Guide by JS

Editor MA.