By law, restaurants, pubs, cafes and other establishments selling food have to display warnings about a number of allergens that their food contains. If they fail to do so, and you suffer an allergic reaction as a result, you could be entitled to seek compensation from them for your suffering. In this guide, we’re going to look at claiming for an allergic reaction after eating at a JD Wetherspoon pub or restaurant. We’ll look at when they could be liable for your allergic reaction, what you could claim for and how much compensation you could be entitled to.
Legal Helpline can assist with the process of making a claim. We start by offering free claims advice and a no-obligation assessment of your claim. If the advisor believes there’s a chance your claim might be successful, they’ll refer you to a specialist solicitor from our panel. Any claim they agree to take on will be handled on a No Win No Fee basis.
If you’d like to start your claim right away, why not call one of our specialist advisors on 0161 696 9685 today. Alternatively, please continue reading to find out more about claiming for an allergic reaction to JD Wetherspoon food.
Jump To A Section
- A Guide To Claiming For A Food Allergy In JD Wetherspoon
- What Is A Food Intolerance Or Allergy?
- How Frequent Are Allergies And Intolerances To Foods?
- I Asked A Member Of Staff To Leave Out An Allergen
- JD Wetherspoons Ignored A Request To Leave Out An Ingredient, Could I Claim?
- Are Restaurants Liable For Their Own Negligence?
- What Rights Do Diners Have Under The Consumer Protection Act?
- I Did Not Tell JD Wetherspoon About My Allergy, Could I Still Make A Claim?
- Foods Which Can Provoke Allergic Reactions
- JD Wetherspoons Menu Allergy Guide And Information
- Calculating Compensation For Allergic Reactions To Foods At JD Wetherspoon
- What Is An Example Of Special Damages Which Could Be Claimed?
- No Win No Fee Food Allergy In JD Wetherspoon Claims
- Contacting Legal Helpline
A Guide To Claiming For A Food Allergy In JD Wetherspoon
Allergies are suffered by many people in the UK and there are many different things which cause them. In some cases, an allergic reaction can lead to annoying symptoms like itchiness or a rash which subsides quickly. In more serious cases, an allergic reaction can be life-threatening or fatal. That’s why legislation is in place to force food-related businesses to clearly label any allergen contained within its products.
If they fail to do so, and you go on to suffer an allergic reaction, you could be entitled to make a compensation claim for the harm caused. This guide is all about claiming for an allergic reaction after eating at a JD Wetherspoon establishment but could easily be applied to any other business as well.
One important factor when making a claim is the personal injury claims time limit. This is generally a 3-year period which starts from the date you had the reaction. If you don’t claim in time, the claim will be banned, and you won’t receive any compensation that you might’ve been entitled to. That’s why we recommend that you seek legal representation as soon as possible.
As we go through this guide, we’ll look at what allergic reactions are, what causes them to happen, when a food retailer could be liable for your allergic reaction and when you might be entitled to seek compensation.
When you’ve finished reading the guide, please get in touch with a member of our team if you have any questions you need answering. You can also call if you’re ready to begin a claim.
What Is A Food Intolerance Or Allergy?
Allergies and food intolerances often share some similar symptoms but are completely different. NHS information states that an allergic reaction is when the body’s immune system thinks that an ingredient is dangerous to the body. It releases compounds known as histamines to try and deal with the allergen. It is the body’s reaction to histamines which causes symptoms like itchiness, rashes, and in more severe cases, anaphylactic shock.
Food intolerance is different in that the reaction is usually less serious, rarely life-threatening and not caused by the immune system. Instead, food intolerance is likely to be caused by a reaction in the digestive system.
What Is An Allergic Reactions To A Food Or Drink Served At JD Wetherspoon?
When you purchase food from JD Wetherspoon pubs or restaurants, if you’re an allergy sufferer, you’re likely to check the menu and packaging for information on any allergens contained within the food you’re ordering. It should usually be clear that a product contains or may contain an allergen or for intolerances the menu might identify a product is gluten-free.
If you do suffer an allergic reaction after eating at JD Wetherspoon, you should try and keep any packaging or take photographs of the menu. These could be used as evidence to show that the labelling was incorrect. Also, if anybody witnessed you discussing your allergy with staff, then you could collect their details in case your solicitor wishes to get a witness statement.
How Frequent Are Allergies And Intolerances To Foods?
Allergy UK is a charity who support allergy sufferers. They have released various statistics regarding allergies in the UK which you might find quite surprising. Their figures show that:
- 44% of adults in Britain now suffer from at least one allergy.
- The number rose by 2 million between 2008 and 2009.
- Half of sufferers have to deal with 2 or more allergies.
I Asked A Member Of Staff To Leave Out An Allergen
If you asked a member of staff for a particular allergen to be left out of your food when you ordered it, you could be entitled to claim compensation if you went on to suffer an allergic reaction because it was left in and can prove that the staff breached their duty of care. For instance, if you suffer from a mustard allergy and you asked for it to be left out of a sandwich, but it was still present and caused you to suffer, you could be eligible to claim.
For further advice on claiming in this scenario, please contact an advisor.
JD Wetherspoons Ignored A Request To Leave Out An Ingredient, Could I Claim?
In the same way, as in the previous section, you might ask for a particular ingredient to be omitted from your food. In some cases, the staff might say that your request isn’t possible, so you’ll need to order something else. However, if they agree, but fail to fulfil your order correctly, you could be entitled to seek compensation if you suffer an allergic reaction provided that you can prove this failing.
Here are some of the ingredients you might ask to be left out of your order:
- No Nuts.
- No Milk.
- No Cheese.
- No Eggs.
- No Wheat.
- No Tomatoes.
- No Oats.
- No Fish.
- No Nuts.
Please contact an advisor if you believe the staff at a JD Wetherspoon outlet were responsible for your allergic reaction because they failed to remove an ingredient after agreeing to do so.
Are Restaurants Liable For Their Own Negligence?
You might think that, as an allergy sufferer, it is your responsibility to ensure you eat products that are safe. However, restaurants have a duty of care to highlight any allergens contained in their products clearly. If they fail to do so, and you’re injured as a result, you could claim against them because they’ve been negligent.
Another example of negligence which could lead to a claim is where the person preparing the food doesn’t follow the recipe correctly or prepares the food in such a way that it becomes contaminated with an allergen which isn’t listed on the menu.
In these cases, if you go on to suffer an allergic reaction and can prove the failings of the restaurant, you could be entitled to seek compensation from the restaurant involved.
What Rights Do Diners Have Under The Consumer Protection Act?
As with any product, you have a right under the Consumer Protection Act 1987 for any food you order to be safe. In terms of allergens, the menu, website or food packaging must clearly indicate that they are present. In some cases, where it’s likely cross-contamination is possible, the labelling should carry a ‘may contain’ warning.
In cases where labelling omitted to inform you of the risk of an allergen, you could be eligible to make a claim against the manufacturer, producer or retailer who sold you the product. Evidence is crucial to the success of such a claim, so be sure to keep hold of all packaging and labelling.
I Did Not Tell JD Wetherspoon About My Allergy, Could I Still Make A Claim?
As in many different scenarios in life, you are ultimately responsible for your own wellbeing. In the case of an allergy sufferer, that means you’re likely to check menus and food packaging before making a purchase. You might even check with staff for confirmation of an allergen’s presence. However, you’re not obliged to do so. Even if you don’t tell staff about your allergy, you could still claim compensation if they’ve not made it clear, through signs, labelling or menus that the product could contain an allergen.
Please contact us if you’d like to discuss whether you’re eligible to begin a claim.
Restaurants Failed To Warn A Customer Of Potential Allergens
In cases where a restaurant failed to warn you of potential allergens, you could be entitled to claim compensation for any suffering their omission caused you. As well as menus and food labelling, a restaurant could simply place clear signage around the establishment to let you know where you can find allergen information. For instance, a sign informing you to ask the staff about allergens could be sufficient for the restaurant owner to avoid being sued.
Foods Which Can Provoke Allergic Reactions
As we’ve mentioned throughout this guide, many allergies are caused by different food types. The Food Standards Agency enforce legislation that 14 different allergens must be clearly highlighted to all customers. The list of different allergies which are most common are:
- Nut allergies.
- Egg allergies.
- Milk allergies.
- Dairy allergies.
- Fruit allergies.
- Cereal allergies.
- Celery allergies.
- Seafood allergies.
- Fish allergies.
- Lupin allergies.
- Mustard allergies.
- Shellfish allergies.
- Sulphur dioxide allergies.
- Egg allergies.
- Gluten allergies.
- Soy allergies.
- Wheat allergies.
It is possible for any of the allergies listed to lead to a reaction which could entitle you to make a claim if the product you purchased didn’t identify the allergen or if you were told verbally that it wasn’t included in the ingredients.
Please speak with a member of our team if you’d like clarification of whether you’re eligible to begin a claim.
Wetherspoons Menu Allergy Guide And Information
Many restaurants, pubs and cafes took steps to reduce the items available on their menus to make it safer for their employees when they returned to work after the COVID-19 lockdown. Therefore, we’ve listed a sample of the main items being sold at JD Wetherspoon pubs at the time of writing. Menus are subject to change and some items might not be available at all establishments.
- Large breakfast.
- Traditional breakfast.
- Small breakfast.
- Large vegetarian breakfast.
- Vegan breakfast.
- Freedom breakfast.
- Bacon butty.
- Sausage butty.
- Beans on toast.
- Breakfast wrap.
- MOMA porridge.
- Vegetarian breakfast wrap.
- Classic beef burger.
- Tennessee burger.
- Brie & smoked chilli jam burger.
- Ultimate burger.
- BBQ burger.
- Five-bean chilli.
- Wiltshire cured ham, eggs and chips.
- Creamy mushroom risotto.
- Jacket potatoes (various fillings).
- Paninis and wraps (various fillings).
- Mixed grill.
- Spicy meat feast pizza.
- Roasted vegetable pizza.
- BBQ chicken pizza.
- British beef lasagne.
- Pasta alfredo.
- Signature steak.
- BBQ chicken melt.
- Bramley apple crumble with ice cream.
- Warm cookie dough sandwich with ice cream.
- Chocolate brownie with ice cream.
The current Wetherspoons allergen information can be found in this guide.
Calculating Compensation For Allergic Reactions To Foods At JD Wetherspoon
If you’ve decided that you do want to go ahead and claim compensation for an allergic reaction after eating at JD Wetherspoon, you’ll probably want to know how much compensation you’ll receive. Rather than creating a personal injury claims calculator, because each claim is unique, we’ve put together the below table. It details compensation awards in relation to a variety of illnesses and injuries related to allergic reactions. When you’ve spoken to a personal injury solicitor and they’ve assessed your claim, they’ll be able to provide you with a more accurate compensation estimate.
Type of Claim Compensation Further Details
Allergic reaction symptoms From around £860 to £3,710 These allergic reaction symptoms are minor and will generally heal, without treatment within a week or two.
Allergic reaction symptoms £3,710 to £8,950 More serious symptoms such as significant discomfort, stomach cramps and fatigue. Hospitalisation is probable and the allergic reaction symptoms will usually continue for a few weeks. However, complete recovery may last up to a year.
Allergic reaction symptoms £8,950 to £18,020 These allergic reaction symptoms are serious and will usually take about two to four weeks to diminish. Symptoms might be permanent or last for a longer amount of time which could result in a higher compensation amount.
To try and ensure you receive the correct level of compensation, your solicitor will need to provide evidence of the illness or injury you suffered. To do this, they’ll arrange for a medical assessment with a local specialist, which will be a necessary and important step in your case. Once the appointment is finished, the specialist will produce a report for your solicitor with details of what injuries were suffered, how they affected you and if you will suffer any long-term effects.
What Is An Example Of Special Damages Which Could Be Claimed?
When your personal injury lawyer submits a claim, they can ask for two different heads of loss: special damages and general damages. In the section above, we provided a table which showed amounts paid as general damages for different injuries.
Special damages are different in that they’re designed to reimburse you for costs you’ve incurred caused directly by your illness or injury. There are different elements that can be claimed for depending on how you’ve been affected. They include:
- Medical expenses. As you’ll usually receive free treatment from the NHS, you might not think it’s possible to claim medical costs. However, you could incur costs for prescriptions, over the counter treatments and other services not available on the NHS.
- Care costs. While you’re recovering, you might need somebody to support you. Therefore, you could claim back the costs of a professional carer or an hourly wage if a friend or family member looked after you.
- Travel expenses. It’s possible to ask for costs related to travelling to and from medical appointments, hospitals and pharmacies as part of your claim. Also, if you have to make alternative travel arrangements because you’re unable to drive, then you could claim back any additional costs.
- Lost income. If you lose earnings while taking time off work or when you attend medical appointments, you could claim the lost income back. Furthermore, if your ability to work is likely to be affected in the long-term, you could ask for future lost earnings to be paid too.
Please speak with a member of our team for advice on what can be included within your claim.
No Win No Fee Food Allergy In JD Wetherspoon Claims
The main worry people have when considering making a personal injury claim is how much it would cost to hire a solicitor. That’s why the solicitors on our panel work on a No Win No Fee basis. By doing so, they provide crucial access to justice while reducing the stress and financial risks.
When your case has been reviewed, if the solicitor believes there is a chance it can be successful, they’ll provide you with a No Win No Fee agreement called a Conditional Fee Agreement or CFA.
The CFA is used to fund your claim and has a number of benefits including:
- You won’t need to pay an upfront fee which means your claim can start almost immediately.
- There are no solicitor’s fees to cover during the claims process.
- If the case is lost, you don’t need to pay any of your solicitor’s fees whatsoever.
To cover the solicitor’s work, a small percentage of your compensation is retained by the solicitor if they win your case. This is called a success fee. To make things clear, the success fee is listed in your CFA from the start. Don’t worry too much, though as they are legally capped.
If you’d like to check whether you could use a No Win No Fee service to make your claim, please contact an advisor today.
Contacting Legal Helpline
Thank you for reading our guide on when you could claim for suffering an allergic reaction after eating at JD Wetherspoon. We hope that, if you’ve decided to make a claim, you’d like Legal Helpline to assist you. If that’s the case, here are our contact details:
- Call to discuss your claim and receive free legal advice on 0161 696 9685.
- Email details of your claim to [email protected].
- Request a call back from one of our specialists by completing this form.
- Seek advice from an online advisor by using our live chat facility.
When you contact us, we’ll begin by offering a no-obligation assessment of your Wetherspoons allergy claim. The advisor will provide you with free advice on your options and, if there’s a chance of success, will direct you to one of our panel of specialist personal injury solicitors. If they agree to take your claim on, they’ll handle it on a No Win No Fee basis.
Thanks for reading this guide about claims for suffering an allergic reaction after eating at JD Wetherspoon. We hope you’ve been provided with enough information to help you decide whether to make a claim. In this final section, we’ve decided to link to some more guides and external resources to assist you further.
Food Intolerances – NHS information on the diagnosis and treatment of food intolerances.
The Food Standards Act 1999 – A piece of legislation used to create the Food Standards Agency and to allow them to enforce relevant laws.
Food Hygiene Ratings – Information from the Food Standards Agency on the scheme designed to help consumers choose safe places to eat.
Nut Allergy Claims – Advice on when you could make a personal injury claim after suffering an allergic reaction to nuts.
Supermarket Accident Claims – Information on claiming compensation for injuries sustained while shopping in a supermarket.
Milk Allergy Claims – This guide looks at when claims could be made by sufferers of milk allergies.
Guide by BE
Edited by REG