How Much Could I Claim For A Food Allergy In McDonald’s
Having a food allergy could mean you have to watch what you eat very carefully, particularly if your food allergy is severe or even life-threatening. If you have had an allergic reaction after eating McDonald’s food, this may be because you have been served food with allergens in, whether due to a mistake by McDonald’s or because you were unaware that the food you were consuming contained allergens.
This guide has been created to help you understand whether or not you could take action against McDonald’s if you have suffered an allergic reaction at a McDonald’s restaurant relating to the food you have purchased from them, whether you were eating in, consuming food from the drive-through, or via a food delivery service.
We also offer some insight into how a food allergy could present itself, what responsibilities McDonald’s has when it comes to allergy warnings on the McDonald’s menu, and how much compensation you could be eligible for if you made a personal injury claim against McDonald’s for your allergic reaction.
If you have further questions about any of the information contained with this guide, or would like assistance with starting a claim, Legal Helpline would be happy to help you. Simply call our team on 0161 696 9685 for a free, no-obligation consultation and we’ll get you the help and support you are looking for.
Jump To A Section
- A Guide To Claiming For A Food Allergy In McDonald’s
- What Is A Food Allergy?
- How Common Are Food Allergies In The UK?
- I Asked McDonald’s Staff To Leave Out One Of These Foods
- McDonald’s Ignored My Request To Leave Out One Of These Foods
- Allergic Reactions Caused By A Restaurants Negligence
- What Are My Rights Under The Consumer Protection Act?
- I Didn’t Tell McDonald’s About My Allergy, Could I Still Claim Compensation?
- What Foods Could Cause Allergic Reactions?
- McDonald’s Menu
- Food Allergy In McDonald’s Compensation Calculator
- What Other Damages Could I Claim?
- No Win No Fee Claims For A Food Allergy In McDonald’s
- Contact Legal Helpline Today
- References
A Guide To Claiming For A Food Allergy In McDonald’s
If you have suffered a food allergy in McDonald’s, it could make you feel very unwell, and in certain cases, could lead to severe, even life-threatening consequences. Whether you’ve suffered an allergy to McDonald’s fries, an allergic reaction to McDonald’s BBQ sauce, or any other reaction to any of the McDonald’s menu, if it can be proven that McDonald’s was at fault for your allergic reaction after eating McDonald’s food, you may be able to make a personal injury claim against them.
While it could be possible for you to make a claim against McDonald’s without legal assistance, having a personal injury lawyer on your side could help to strengthen your claim and allow you to have a strong chance of being able to get the compensation you deserve for your allergic reaction in McDonald’s.
This guide contains lots of information regarding such claims, including the types of allergens contained in McDonald’s food, the situations that may lead to an allergic reaction claim, and how a personal injury solicitor could help you get the compensation you deserve for suffering an allergic reaction to McDonald’s food that could have been avoided if McDonald’s had acted responsibly towards allergy prevention.
What Is A Food Allergy?
A food allergy could present itself when the body’s immune system mistakes certain harmless ingredients or proteins within foods as being a threat. When the immune system recognises a threat, it releases chemicals in order to react to that threat and protect the body. Unfortunately, this could cause symptoms that could range in severity from mild itching to anaphylaxis, which could be life-threatening.
What Are Allergic Reactions To Eating From McDonald’s?
If you’re wondering ‘What does a food allergy look like?’ and ‘How long does it take for a food allergy to react?’, this could depend on the type of allergen and your reaction to it. You could suffer a range of symptoms from having an allergic reaction after eating McDonald’s food, which could present themselves either right away or a while after consuming the food. These could include:
- IgE-mediated food allergy symptoms – these are the most commonly experienced allergic reactions to foods. Symptoms could include difficulty swallowing or breathing, wheezing, shortness of breath, feeling sick or nauseous, itching and tingling of the mouth, hives, swelling of the face, including the mouth, known as angioedema, swelling of the throat or body, dizziness or lightheadedness, diarrhoea, vomiting, or hay fever-like symptoms
- Anaphylaxis – this is a serious reaction that could come on quickly and lead to life-threatening consequences. Symptoms could include those listed above, as well as a tight chest, breathing difficulties, collapsing, feeling faint or dizzy, a swollen tongue or problems with speaking or swallowing. If you suffer an allergic reaction after eating McDonald’s food that leads to anaphylaxis, this should be treated as an emergency, as it could potentially be life-threatening.
- Non-IgE-mediated food allergy – this type of allergic reaction could develop some time after eating allergens. Symptoms could include itchiness or redness of the skin, red, dry and cracked skin, vomiting (with no diarrhoea), constipation or cramps.
Whatever type of reaction you have suffered, if you’re allergic to McDonald’s food and if McDonald’s has not acted responsibly in giving you the correct McDonald’s food allergy information, or have not included allergens on all items on the McDonald’s food allergy list, you may be able to make a claim for compensation for the reaction you’ve suffered and the harm it has caused you.
How Common Are Food Allergies In The UK?
According to Allergy UK, over 20% of the UK population suffers some type of allergic condition, which is amongst the highest prevalence across the globe. It has been revealed that 44% of adults in Britain have one allergy, with the number of allergy sufferers growing by approximately 2 million between 2008-2009. Nearly half of these sufferers have multiple allergies.
When it comes to the rates surrounding anaphylaxis hospital admissions in the UK, between 1992-2012, there was a significant increase of 615% of such admissions.
Whether you’ve suffered a McDonald’s breakfast allergy or a food allergy in McDonald’s relating to any of the other foods on their menu, if it is McDonald’s’ fault, and it can be clearly proven that this was the case, you could be eligible to claim compensation for the harm your allergic reaction has caused you.
I Asked McDonald’s Staff To Leave Out One Of These Foods
If you are aware that you have a food allergy, you usually avoid the allergens that trigger a reaction. You may have taken a look at the McDonald’s food allergy list to see what kinds of allergens are contained in their food before you place your order, and may have asked McDonald’s staff to leave an ingredient out of food if you wanted to order a food item that contains such an allergen.
If they have not done so, and you have suffered an allergic reaction after eating McDonald’s food that you have requested without a specific ingredient, this could lead to you being eligible to make a claim for compensation.
According to the Food Standards Agency, while restaurants are not required by law to offer you an alternative meal if they do not produce those without allergens, they are required to provide accurate information as to the allergens their foods contain.
If you have told the staff of your allergies and asked for ingredients to be left out, or they have accepted your order with an ingredient not included, they should provide you with the meal as you have ordered it. If they have been negligent in preparing your food as you have asked for it, the restaurant could be held liable for the error that has led to an allergic reaction.
What Could I Ask To Be Left Out?
Depending on the type of meal you are ordering you may request:
- No Milk or Cheese – If you have dairy allergies
- No Tomatoes – If you have a nightshade allergy, for example
- No Eggs – If you have egg allergies
- No Wheat – If you have wheat allergies
- No Oats – If you have cereal allergies or gluten allergies
- No Fish – If you have fish allergies or other seafood allergies such as shellfish allergies
- No Nuts – If you have a nut allergy
McDonald’s has produced food allergy information on their menu, which you may want to take note of if you have any allergies, including soy allergies, fruit allergies, lupin allergies, celery allergies, mustard allergies, sulphur dioxide allergies. This way, you could see what ingredients you may wish to ask the staff to leave out of your food while you are ordering.
McDonald’s Ignored My Request To Leave Out One Of These Foods
If you have requested a McDonald’s order to be served with no cheese, no tomato, or any of the other allergens in ingredients you’re allergic to, they have a responsibility to make sure that they serve you the food as you have ordered it. If you have asked about allergens in foods that they serve, you should be able to get accurate information from the staff or from the McDonald’s website.
If you have an allergic reaction to McDonald’s food where the staff have failed to leave out an allergen or have provided you with inaccurate information about allergens in their food, you may be in a position to claim compensation for the reaction you’ve suffered if it can be shown that the restaurant breached its duty of care.
Allergic Reactions Caused By A Restaurants Negligence
The Occupiers’ Liability Act 1957 states that businesses owe a certain duty of care towards their customers, and this could extend to restaurants. As a customer of McDonald’s, you are entitled to a hygienic, safe place to eat, and if they fail to offer you that, and you are harmed because of it, this could lead to the business being held liable for the harm you have suffered.
Negligence on the part of McDonald’s could include situations where:
- They have ignored your request to purchase food without specific allergens, for example, if you know you would have an allergic reaction to McDonald’s sweet and sour sauce and have asked them to leave it off your meal, and they have included it anyway.
- They have failed to warn you of specific allergens contained in their food, either upon your request for information, on their menu, on their website or on food packaging
If you’ve suffered an allergic reaction to McDonald’s food in these circumstances, you may be able to make a claim for compensation. We could advise you on your rights for free over the phone, by offering a no-obligation case check. If you are eligible, we could connect you with a solicitor who could fight for compensation on your behalf.
What Are My Rights Under The Consumer Protection Act?
You also have rights under the Consumer Protection Act 1987 with regards to negligence towards food allergies. Under the act, McDonald’s could be held liable for loss, damage or injury suffered due to their provision of what could be deemed a ‘defective product’, i.e. one that contains allergens that are not listed on the packaging (for pre-packaged foods) or one where they have knowingly supplied a product containing an ingredient you have asked to be left out.
Unintentional Presence Of An Allergen
We should mention that allergens that may not be intentionally included within products are not required to be listed as an ingredient. However, if, for example, you have nut allergies and have requested a product without nuts included in the ingredients list, you could suffer an allergic reaction after eating McDonald’s food that has been cross-contaminated with nuts in the food preparation area, which is why ‘Is McDonald’s safe for nut allergies’ could be a common question.
Such products could be considered defective, and therefore you may be able to claim for compensation if you have been served foods unintentionally contaminated. This may be tricky to prove, however, so having a good personal injury lawyer on your side could be advisable when making such claims.
I Didn’t Tell McDonald’s About My Allergy, Could I Still Claim Compensation?
If you have not told McDonald’s staff about your allergies but the menu or food packaging didn’t contain details of such allergens, whether this was due to them being included as an ingredient or being contaminated with traces of allergens, you may still be able to make a claim for compensation if you have suffered a food allergy in McDonald’s if it can be proven that the restaurant acted negligently.
Failures To Warn Customers Of Allergies
Providers of food, must, by law, inform customers of the foods that contain the following:
- Sulphur dioxide
- Mustard
- Shellfish
- Fish
- Seafood
- Celery
- Gluten
- Nuts
- Eggs
- Soy
- Dairy/Milk
- Wheat
- Lupin
- Cereal
If you’ve suffered an allergic reaction to a McDonald’s wrap that contained gluten that was not listed, for example, you could be in a position to claim compensation for the reaction you’ve had and the harm it has caused you if you can clearly prove that McDonald’s breached its duty of care.
What Foods Could Cause Allergic Reactions?
There are various types of food that could cause allergic reactions. Some of the most common food allergies include:
- Nut allergies
- Egg allergies
- Milk allergies
- Dairy allergies
- Wheat allergies
- Soy allergies
- Fruit allergies
- Cereal allergies
- Gluten allergies
- Celery allergies
- Seafood allergies
- Fish allergies
- Lupin allergies
- Mustard allergies
- Shellfish allergies
- Sulphur dioxide allergies
While desensitisation could be a possible treatment for some allergies, in most cases, allergy sufferers are advised to avoid ingredients containing what they are allergic to.
McDonald’s Menu
At the time of posting, McDonald’s is operating a reduced menu, the details of which can be found below. You should be able to find details of allergens in their products by visiting their website. If you are looking for specific McDonald’s ice cream allergy info, or McDonald’s hash brown allergy info, you should be able to click on the product on their site to find out what allergens are contained within the products you’re considering ordering.
- Double Quarter Pounder With Cheese®
- Apple Pie
- Millionaires Donut
- Chicken Legend® with BBQ sauce
- Chicken Legend® with Hot & Spicy Mayo
- Chicken Legend® with Cool Mayo
- Carrot Bag
- Toffee Latte
- The BBQ and Bacon Chicken One – Crispy
- The Sweet Chilli Chicken One – Crispy
- Side Salad
- Mayo Chicken
- Bacon Mayo Chicken
- Bacon Double Cheeseburger
- Big Mac®
- Quarter Pounder with Cheese
- McChicken Sandwich®
- Vegetable Deluxe
- Hamburger
- Cheeseburger
- Double Cheeseburger
- Chicken McNuggets
- Chicken Selects
- 20 Chicken McNuggets® ShareBox®
- Filet-o-Fish®
- McDonald’s Fries
- Mozzarella Dippers
- Veggie Dippers – 4 pieces
- Happy Meal® Veggie Dippers – 2 pieces
- Apple & Grape Fruit Bag
- Maltesers® McFlurry®
- Smarties McFlurry®
- Oreo® McFlurry®
- Buxton® Mineral Water (Still)
- Buxton® Mineral Water (Still) – 250ml
- Chocolate Milkshake
- Strawberry Milkshake
- Banana Milkshake
- Vanilla Milkshake
- Coca-Cola® Classic
- Diet Coke®
- Sprite® Zero
- Fanta® Orange
- Oasis®
- Coca-Cola® Zero Sugar
- Tropicana® Orange Juice
- Robinsons® Fruit Shoot
- Organic Milk
- Flat White
- Tea Regular
- Espresso
- Hot Chocolate
- Latte
- Cappuccino
- Black Coffee
- White Coffee
Breakfast Menu
- Bacon Roll
- Hash Brown
- Double Sausage & Egg McMuffin®
- Sausage & Egg McMuffin®
- Bacon & Egg McMuffin®
- Double Bacon & Egg McMuffin®
- Egg & Cheese McMuffin®
- Cheesy Bacon Flatbread
- Pancakes & Syrup
- Pancakes & Sausage with Syrup
Happy Meal Menu
- Fish Fingers (3 fingers) Meal
- Hamburger Meal
- Cheeseburger Meal
- Chicken McNuggets® (4 pieces) Meal
- Happy Meal® Veggie Dippers – 2 pieces Meal
If you have suffered an allergy to McDonald’s chicken nuggets because you asked the serving staff if they contained wheat and were advised incorrectly, for example, you could be eligible to claim compensation for being given the incorrect McDonald’s chicken nuggets allergy info.
Food Allergy In McDonald’s Compensation Calculator
Something many potential claimants might ask is ‘How much compensation could I claim?’. While you might have sought out a personal injury claims calculator to help you work out how much you could be entitled to, you would not be able to get an exact sum from one of these calculators, as every claim is assessed on its own specific circumstances and facts.
You would, as a part of your claim for compensation, be required to undergo a medical assessment, where details of your reaction, your health and prognosis would be documented. This could be used to help evidence your claim and work out how much compensation you could be entitled to.
The Judicial College Guidelines, a publication that details guideline compensation amounts for specific injuries, has been used to create the table below. Some of the injuries detailed relate to allergic reactions. We have listed some of these injuries below, but if you require further guidance, please call our helpline and we’ll be glad to give you more insight over the phone.
| Symptoms and Severity | Value |
|---|---|
| Minor illness. | From around £860 and possibly up to £3,710 |
| An injury slightly more severe than the above. Hospital admissions not uncommon. | £3,710 to £8,950 |
| Serious but short-lived. Symptoms may last a long time and those that do will be awarded greater compensation. | £8,950 to £18,020 |
| Severe illness, with traumatic symptoms. Hospital admissions, with time spent in hospital too. Long-term and permanent injuries may result. | £36,060 to £49,270 |
What Other Damages Could I Claim?
As well as the damages for the injuries you’ve suffered from your allergic reaction after eating McDonald’s, you could also be eligible to receive compensation for costs relating to the reaction. These could include, but may not be limited to:
- Lost wages – if you’ve taken time off work to recover from the reaction, you may be eligible to claim back any lost wages due to this.
- Medical costs – you may be able to claim back costs relating to medication, counselling and other related medical expenses.
- Travel costs – trips to medical appointments or to see your personal injury lawyer may incur expenses. These expenses could be compensated for as part of your claim.
If you have incurred expenses relating to your McDonald’s food allergy, it is vital that you keep the evidence of these expenses in order to be able to claim for them. If you are unable to prove you’ve incurred costs, you would not be able to claim for them. Bank statements, bills and receipts, as well as payslips, should be provided to your lawyer so that they can be used to evidence your claim.
No Win No Fee Claims For A Food Allergy In McDonald’s
Making a personal injury claim from an allergic reaction in McDonald’s doesn’t mean you have to find funds to pay a lawyer in advance. Here at Legal Helpline, we could help connect you with a solicitor who works on a No Win No Fee basis, which means there would be no need for you to pay legal fees until your claim was successfully settled.
You would, however, have to sign a Conditional Fee Agreement that promised to pay a small success fee in the event of compensation being negotiated with McDonald’s or awarded through the civil courts. This fee is capped by law, and would only be payable if your claim resulted in a payout. If your lawyer was not successful in getting you any compensation, then not only would you not have to pay the success fee, but you would not be required to cover the lawyer’s costs in pursuing your claim.
We’d be glad to assess your claim for free to see if we could help you connect with a No Win No Fee lawyer to begin your claim, or to answer any questions you might have about claiming.
Contact Legal Helpline Today
It couldn’t be easier to access help and support from the Legal Helpline team if you’ve suffered an allergic reaction after eating McDonald’s. Whether you’re looking to begin a claim right away or would like further information about the claims process, such as the personal injury claims time limit that could apply to your claim, we’re here to offer free, no-obligation support.
- Why not call us today on 0161 696 9685 to access telephone support?
- Or, you could use the contact form to get in touch and we’ll call you back.
- Alternatively, there’s a handy Live Chat feature on this page that you can use to ask us your question right away.
We look forward to helping you with your claim.
References
Food Standards Information – For information about allergies and intolerances, why not take a look at the Food Standards website.
Anaphylaxis Information – You can find out more about this condition on the NHS website.
Allergy Testing – Find out more about allergy testing here.
Wheat Allergy Claims – If you’re looking to make a wheat allergy claim, this guide could offer some useful information.
Food Allergy Solicitors – You can find information about claiming for a food allergy here.
McDonald’s Accidents – If you’ve suffered an accident in McDonald’s, this guide could be useful.
Guide by JS
Edited by REG