If you’re a fan of Mediterranean food, you probably love a trip to a Greek, Italian, Spanish or Tunisian restaurant. You may be a fan of paella, olives, tagines and kebabs and enjoy eating in a Mediterranean restaurant in the UK. However, some people suffer from food allergies and need to be careful about what food they order. In this guide, we’re going to consider when it might be possible to claim compensation for a Mediterranean restaurant allergic reaction in the UK. We’ll review what could lead to a claim, the restaurant’s duty of care and how much compensation might be paid. This guide has been produced to provide information about claiming for having an allergic reaction in a restaurant that serves Meditarean food in the UK.
If you’re thinking about making a claim, Legal Helpline could help you. We start by providing a no-obligation telephone consultation. Your claims will be reviewed by a specialist and you’ll get legal advice on what steps you need to take next. In cases where there’s a reasonable chance of success, you could be referred to a personal injury solicitor from our panel. To ease the financial burden of claiming, they’ll work on a No Win No Fee basis for claims they agree to work on.
If you’d like to discuss starting a claim right away, why not contact our claims line on 0161 696 9685 today?
Alternatively, you’ll find loads of helpful information about claiming for an allergic reaction in the rest of this guide, so please continue reading.
Select A Section
- A Guide To Claiming For A Mediterranean Restaurant Allergic Reaction
- What Is An Allergic Reaction After Eating Mediterranean Food?
- Top Mediterranean Restaurants And Dishes In The UK
- Food And Allergy Safety Laws
- How To Tell Your Restaurant You Have An Allergy
- How To Request An Allergy-Free Meal
- Allergy Statistics
- What May Cause Someone To Have A Food Allergic Reaction?
- Calculating Compensation For A UK Mediterranean Restaurant Allergic Reaction
- No Win No Fee Claims For A Mediterranean Restaurant Allergic Reaction
- Our Team Are Here To Help
- Supporting Resources
A Guide To Claiming For A Mediterranean Restaurant Allergic Reaction
Many people like to visit restaurants that remind them of holidays that they’ve taken abroad. Trips to the Mediterranean have always been popular destinations because of the climate, the scenery and, of course, the food. The number of Mediterranean restaurants has increased a lot in the UK over the past few years and offer something different from traditional British cuisine.
Visiting any restaurant should be enjoyable, but for those who suffer from food allergies, trying new food can be problematic. To help make choosing food easier and safer, laws exist to make sure restaurants provide clear and accurate certain allergen information. Our guide will review what obligations a restaurant has, when they might have breached them and when you could claim compensation.
Proving what caused you to have an allergic reaction isn’t always easy. That’s why we advise using a personal injury solicitor to support your case. Also, if you are going to claim, we advise you to start as soon as possible. Although there is a 3-year personal injury time limit (which usually begins on the date of the allergic reaction), it’s much easier to recollect what happened in the weeks following the reaction rather than a year down the road. Also, solicitors need time to gather evidence, such as medical reports, to support your claim. Therefore, leaving the claim too late might mean they don’t have enough time.
Claiming On Behalf Of A Child
Although there is a 3-year time limit, it doesn’t apply to children (under 18-year olds). Claims can be made on their behalf at any point before their 18th birthday. To do so, you’ll need to become their ‘litigation friend’ and represent their interests. If a settlement is reached, their compensation will be placed into a trust fund until they’re 18-years old. If you don’t claim on their behalf, once they become an adult, they have 3-years to make their own claim. Our team can walk you through the process of becoming a litigation friend and advise you on how to progress a claim.
What Is An Allergic Reaction After Eating Mediterranean Food
People who suffer from food allergies are not allergic to a whole cuisine such as Meditterean food they may be allergic to ingredients found in some of the dishes, such ingredients can be found in many different cuisines.
When an allergy sufferer consumes an allergen they react to the immune system makes a mistake and releases antibodies (histamine and immunoglobulin E generally) to protect from the food it considers dangerous. You might then think that claiming for an allergic reaction wouldn’t be possible because a restaurant won’t be to blame for your body’s mistake.
However, as the effects of allergens have become clearer over the years, laws have been passed which puts a duty of care on food businesses to follow safety advice and provide adequate allergen information. It’s when they fail to uphold their obligations that you could be entitled to ask for compensation. In this article, we’ll review what obligations restaurants have and when you could claim against them.
Symptoms And Common Causes Anaphylactic Shock
Later in this article, we’ll list some of the most common symptoms of an allergic reaction according to the NHS. They are the symptoms which the sufferer will usually make a full recovery. However, there is a much stronger form of allergic reaction called anaphylactic shock.
When it happens, the patient should be treated as a medical emergency because, if not treated soon enough, it can be life-threatening, fatal or cause long-term disabilities.
According to the charity Anaphylaxis Campaign, the most common symptoms of anaphylactic shock include:
- Difficult or noisy breathing.
- A persistent cough.
- Clammy skin.
- Confusion or anxiety.
- Difficulty swallowing or a swollen tongue.
- Wheezing – similar to an asthma attack.
- Fainting or becoming unconscious due to a drop in blood pressure.
Top Mediterranean Restaurants And Dishes In The UK
For information, here are some of the most popular Mediterranean restaurants in the UK:
- 40 23 Mediterranean Food, Birmingham.
- Stuzzi, Harrogate.
- Lunya, Liverpool.
- Edna’s Kitchen, Bristol.
- Paysanne, Deganwy, Wales.
Popular Mediterranean Dishes
Here are some of the most popular Mediterranean dishes you might purchase in a UK restaurant:
- Chicken Shawarma.
- Vegetable Tagine.
- Seafood Paella.
- Chicken Souvlaki.
- Grilled Kofta Kebabs.
- Moroccan Lamb Stew.
- Greek Chicken Gyros.
- Greek Lemon Rice.
Food And Allergy Safety Laws
While there are many different laws relating to different food safety measures, it’s not possible to list each of them here. Instead, we’ve listed two key pieces of legislation that restaurants must adhere to for your information:
Each of these laws provides a number of rules about the way foods are sold including how allergens information is provided.
Restaurants Obligation To Provide Allergy Warning Information
We’ve previously mentioned the fact that restaurants, bars, cafes and other food-related businesses must tell customers about 14 main allergens present in their food, but how do they do that correctly? Well, there are several methods that could meet their obligations including:
- Having a noticeboard that tells customers where allergen information can be obtained i.e. “Please ask staff for information about allergens”.
- Listing each allergen alongside meals on the menu.
- Training staff on allergens so that they can answer questions put to them by customers.
Where an allergic reaction has happened because incorrect allergen information is provided, it might be possible for you to seek compensation for any suffering caused. Photographing the menu and videoing the restaurant can provide useful evidence of this type of neglect. If you would like us to review your claim, please speak to one of our advisors for free advice today.
How To Tell Your Restaurant You Have An Allergy
When visiting a Mediterranean restaurant in the UK, it might be a good idea to raise the fact you have an allergy with waiting staff, especially if you suffer from an olive allergy or a fish and seafood allergy. That said, if you don’t tell them about your allergy, you could still go on to claim compensation if you suffer an allergic reaction caused by the restaurant’s negligence.
There’s a legal obligation for restaurants to provide certain allergen information to you one way or another. That means if they’ve neglected their duties, and you’ve suffered a reaction, you could potentially claim whether you told them about your allergy or not.
How To Request An Allergy-Free Meal
While you’re choosing your Mediterranean meal, you might want to ask the waiting staff to remove a particular ingredient from your dish. That might be because it’s something you’re allergic to or simply because you don’t like its taste or texture.
Sometimes, you’ll be told that your request can’t be met, and you’ll need to choose something else to eat.
What Happens If I Am Not Served An Allergy-Free Meal?
If when your meal arrives, the ingredient you asked to be removed hasn’t been even though you were informed it would be, you could be entitled to claim compensation if you went on to suffer an allergic reaction.
This type of claim can be rather tricky to prove. Our advice is that you should keep hold of the receipt if it shows your bespoke order request, seek medical treatment for your symptoms and ask anybody who witnessed your discussions with staff for their details.
We’re now going to look at some statistics relating to allergies from the government’s Food Standards Agency (FSA).
- The approximate number of deaths caused by allergic reactions is on average 10 per year.
- Around 1 in 100 people suffer from coeliac disease.
- It’s estimated that 2 million people in the UK live with a food allergy.
- Up to 8% of children have food allergies.
What May Cause Someone To Have A Food Allergic Reaction?
Allergic reactions can be triggered by a multitude of different ingredients, it’s not just peanuts or being allergic to lupin that you’ll often hear about on the news. To give you a better understanding, we’ve listed some of the most common food allergies below:
- Lupin Allergies.
- Wheat Allergies.
- Mustard Allergies.
- Dairy Allergies.
- Soy Allergies.
- Sulphur Dioxide Allergies.
- Cereal Allergies.
- Milk Allergies.
- Celery Allergies.
- Gluten Allergies.
- Seafood Allergies.
- Fish Allergies.
- Egg Allergies.
- Nut Allergies.
- Shellfish Allergies.
- Fruit Allergies.
The NHS website lists some common symptoms of an allergic reaction that can be triggered by any of the foods listed. They include:
- Diarrhoea and abdominal pain.
- Wheezing and difficulty swallowing.
- Nausea or vomiting.
- Swelling of the mouth, eyes, face or tongue.
- A raised, itchy red rash known as hives.
- Being lightheaded or dizzy.
- Itching in the mouth.
Whatever type of reaction you’ve suffered, and no matter what food triggered it, we could help you start a claim if it was due to the negligence of restaurant staff. For no-obligation claims advice, please get in contact with us today.
Calculating Compensation For A UK Mediterranean Restaurant Allergic Reaction
We’re now going to review what compensation could be paid for an allergic reaction. We don’t use a personal injury compensation calculator on this site, though, because every claim is unique, and calculators can lead to incorrect results. Instead, our table below contains compensation figures from the Judicial College Guidelines (JCG). The JCG can be used by lawyers and insurers to calculate settlement amounts.
|Type of Allergic Reaction||Compensation||Further Details|
|Severe reaction||£36,060 to £49,270||An allergic reaction which will probably lead to hospitalisation for a few weeks. Some symptoms could last for the long-term and there might be issues with enjoyment of life and the ability to work.|
|Serious reaction||£8,950 to £18,020||An allergic reaction will have serious symptoms that are short-lived. There may be a requirement for some days in the hospital but most symptoms will ease following treatment.|
|Mental Anguish||£4,380||This compensation could be awarded if the claimant considered their life was at risk during or after the reaction occurred.|
|Slight reaction||From around £860 to £3,710||This compensation bracket covers reactions which usually only cause symptoms for a few days or weeks.|
When your claim is assessed, the severity of your suffering is what determines the compensation amount awarded in general damages. That’s why, during your claim, your solicitor will make an appointment for a local medical assessment. The specialist you see will already have reviewed your medical records and they’ll also examine you and ask some questions about what impact the injuries you sustained had on you.
After the appointment, a medical report will be compiled with all of the relevant information and sent to your solicitor.
Being Compensated Through Special Damages
The previous section provided example compensation amounts for pain, suffering and loss of amenity caused by your allergic reaction. That type of compensation is called general damages. On top of that, you’re also able to ask for any expenses or costs caused by your injuries to be paid back too.
This part of the claim is called special damages and can include:
You might think that you wouldn’t need to claim these as you’ll usually get treated by the NHS for free. However, you could end up spending money on non-NHS services, over the counter medication and prescriptions. Therefore, you could ask for these costs back.
If you pay out for fuel or parking fees when attending a medical appointment, you could ask for those costs back. Also, if your allergic reaction means that you can’t drive while you’re recovering, you might be able to ask for the cost of any other travel arrangements you have to make.
If you’re unable to carry out everyday functions because of your injuries, you might need the support of a carer. If you have to pay for that care, you could claim back the fees. Alternatively, an hourly rate for the care provided by a friend or relative could be calculated.
Taking time off work can be expensive. If your employer doesn’t pay full sick pay, or if you’re self-employed, you could find yourself out of pocket. Therefore, it’s sometimes possible for lost pay to be included in your claim. On top of this, if you sustain a long-term disability which reduces your ability to work, future lost income could also be claimed.
No Win No Fee Claims For A Mediterranean Restaurant Allergic Reaction
If you’re worried about how much a personal injury solicitor is going to cost, it could put you off from claiming at all. Some solicitors provide a No Win No Fee solution for all clients they agree to work with. This service means your financial risk is reduced and so is the amount of stress involved with claiming.
To ensure your claim has good grounds, it will be reviewed by the solicitor first. Once they’re happy to proceed, you’ll get a Conditional Fee Agreement (CFA) to review and sign.
The CFA is used to cover the cost of your solicitor and it provides a number of benefits including:
- You won’t be asked for any upfront payments. That means the case can start quickly.
- There aren’t any solicitor’s fees payable while the claim is being handled.
- You don’t need to pay any solicitor’s fees at all if the case fails.
Should the claim be won by your solicitor, a small part of your compensation will be used to cover their costs. This is called a success fee which is listed in the CFA and capped by law.
Our Team Are Here To Help
Thanks for visiting our site and reading this article about claims for UK Mediterranean restaurant allergic reactions. Legal Helpline is ready to support you if you’re now ready to make a claim. To get the ball rolling, you can contact us by:
- Discussing what happened with an online advisor using our live chat option.
- Speaking directly to a specialist advisor on 0161 696 9685.
- Emailing details of your allergic reaction to [email protected].
- Asking for one of our specialists to contact you by completing our claims form.
When you reach out to us, an advisor will run through your claim with you. They’ll listen to what happened and how you’ve been affected. Then they’ll consider any supporting evidence you’re able to supply. If your claim seems suitable, they’ll refer you to one of our panel of personal injury solicitors. Should they agree to handle your claim, they’ll do so on a No Win No Fee basis.
This is the final part of our article about claiming for a Mediterranean restaurant allergic reaction in the UK. We do hope that you now have enough information to help you begin a claim. For further support, please take a look at some of the useful guides and links listed below:
Food Recall Alerts – A government tool which lets you know about recent product recalls including those for undeclared allergens.
Coeliac Disease – Information on the symptoms and treatment of coeliac disease from the NHS.
Weaning Support – Advice from Allergy UK on making weaning a child safer.
Nut Allergies – A guide about claiming for allergic reactions caused by different types of nuts.
Beauty Treatment Reactions – Advice on claiming for allergic reactions caused by beauty treatments.
Shop Accidents – Information on claiming for retailer negligence which has caused you to suffer an injury.
Guide by BE.
Published by MA.