Mexican Restaurant Food Allergy Claims Guide – How To Claim For An Allergic Reaction After Eating In Mexican Restaurant

    The guide has been created for those who may have suffered an allergic reaction in a UK restaurant that serves Mexican food through the restaurant’s negligence. This guide will go into detail about the personal injury claims process for allergic reactions, what a restaurant’s duty of care is towards allergen sufferers and how much compensation you may be eligible to claim. If you think you have suffered a Mexican restaurant allergic reaction in the UK our team of specialist advisors can tell you if you are eligible to claim.

    If you are ready to make a claim for an allergic reaction in a UK Mexican restaurant, please get in touch with Legal Helpline on 0161 696 9685. Alternatively, for more information on what claiming compensation from a responsible party entails, please continue reading our guide.

    Select a Section

    A Guide To Claiming For A Mexican Restaurant Allergic Reaction

    You could suffer an allergic reaction after eating Mexican restaurant food because you were not told that dishes or drinks prepared on the premises contained allergens even though you asked the person serving you if they were. Should this be the case, you could be entitled to seek compensation from the party responsible for the pain and losses you were caused through no fault of your own.

    Allergic reaction after eating in Mexican restaurant compensation claims guide

    Allergic reaction after eating in Mexican restaurant compensation claims guide

    Our guide offers essential advice on what an allergic reaction is, the symptoms associated with a minor allergic reaction and those you could experience if you suffer a more severe reaction to food. We explain the consequences of suffering anaphylaxis and how this must be treated as a matter of urgency.

    We also explain the law that protects UK consumers and how UK businesses that serve or sell food must abide by them. We cover how you may be able to seek compensation from a responsible party if they can be deemed at fault for the pain and losses you were caused. Our guide provides information on the level of compensation you could be awarded both in general damages and special damages. We explain how these are calculated and what proof is needed to support your claim.

    We also provide essential information on how a No Win No Fee solicitor could represent you without requesting a retainer (upfront fee) once it has been established your claim against the responsible party is valid. We cover what signing a Conditional Fee Agreement (CFA) entails and how you would only pay the ‘success fee’ when you win your allergic reaction after eating at a UK Mexican restaurant claim.

    What Is A Mexican Restaurant Or Takeaway Allergic Reaction?

    If you know that you are allergic to specific things, you should always check with a waiter or the person serving you that the food you order is safe for you to eat. It will not be the fact that you are allergic to Mexican food but certain ingredients that may be used to make-up Mexican dishes, as well as other dishes, from around the world.

    You may only suffer minor symptoms which could include the following:

    • Hives
    • Itchiness
    • Rashes
    • Runny or itchy eyes
    • Nasal congestion (rhinitis)
    • Sneezing
    • Scratchy throat

    Mexican restaurant food, as well as many other foods, may contain allergens which could cause allergy sufferers minor symptoms or they could cause severe allergic reaction symptoms.

    Symptoms Of Severe And Anaphylactic Reactions

    If you experience a serious allergic reaction after eating at a Mexican restaurant in the UK, you may go into anaphylactic shock. This is a condition that must be treated as a matter of emergency because it could be life-threatening. The symptoms associated with anaphylaxis are:

    • Trouble breathing
    • Swelling of the tongue
    • Tightness in the chest
    • Difficulty talking
    • Trouble swallowing
    • A feeling of dizziness
    • Collapse

    If you suffered this type of allergic reaction you would need to be hospitalised as soon as possible so that the necessary treatment can be carried out.

    For more information on how Legal Helpline can assess your, allergic reaction Mexican restaurant claim, please discuss your case with one of our friendly advisers today.

    Popular Mexican Restaurants And Foods

    Mexican food is a popular choice with people all over the UK, with the five most frequented restaurants being as follows:

    • Wahaca
    • Lupita
    • Chiquito
    • Chipotle Mexican Grill
    • Taco Bell

    The Most Popular Mexican Food Dishes In The UK

    Some of the most popular Mexican dishes served in restaurants throughout the UK include the following:

    • Fajitas
    • Chili Con Carne
    • Nachos
    • Burritos
    • Salsa
    • Quesadilla
    • Guacamole
    • Taco Salad
    • Chimichangas
    • Huevos Rancheros

    Restaurant And Takeaway Diner Legal Protections

    As a diner in a UK Mexican restaurant or takeaway, you have rights. There are laws that protect you as a consumer and although a restaurant is not legally obliged to serve food that is free of allergens, they are legally obligated to list certain allergens that are used to prepare food and drink on their premises, or to provide a ‘prompt’ which includes asking for relevant information about dishes from the person who serves them.

    Laws relating to food served or sold include the following:

    • Section 14 of The Food Safety Act 1990
    • Section 15 of The Food Safety Act 1990
    • Article 14 of EC Regulation 178/2002 (General Food Law Regulation)
    • Article 28 of EC Regulation 178/2002 (General Food Law Regulation)

    Legal Allergy Warning Information

    There are laws that protect the consumer in the UK. These must be adhered to by all businesses that sell or serve food to the consumer. A failure to do so would contravene the law and as such, if you suffered an allergic reaction as a consequence, you could seek compensation for your pain, suffering and losses.

    The law requires that restaurants and other businesses that sell or serve food to the public must clearly display 14 main allergens. Therefore, a Mexican restaurant must ensure that if any of their foods contain any of the 14 main allergens they must let customers know.

    When And How You May Inform Restaurants Of Your Allergy

    You have the right to let a food seller know that you are allergic to certain things. You can ask them to leave anything that could trigger an allergic reaction out of the food you order. However, food sellers/businesses are under no obligation to do this. As such, it would at the Mexican restaurant’s discretion. When you ask for ingredients to be left out of the food you order, you should do so clearly and politely.

    The sort of questions you could ask of a waiter/server are as follows:

    • How is a dish you would like to order prepared and what are the ingredients used to prepare it?
    • Could the dish you order have been cross-contaminated?
    • Ask the waiter/server to note down your allergies and to pass these notes on to the person who prepares your order
    • Is the dish you would like to order allergen-free?

    Other things you could do;

    • Make sure you re-check whether the dishes you are served are the ones you ordered
    • Ask the server/waiter a second time when your food arrives whether it contains any ingredients that could trigger an allergic reaction
    • Should you believe the restaurant is not taking your request seriously, it would be wiser to leave and go somewhere else to eat

    For more information on how Legal Helpline could assist you in filing a UK Mexican restaurant allergic reaction claim please get in touch today.

    Could A Restaurant Or Takeaway Customer Request Ingredients Not Be Included?

    As a customer you can ask for ingredients you know could trigger an allergic reaction to be left out of dishes you order. However, businesses that serve/sell food to consumers are under no obligation to do so. If the Mexican restaurant does agree to your request and they serve you dishes which trigger an allergic reaction, this could entitle you to seek compensation.

    What Happens If Restaurants Serve Diners Or Takeaway Customers An Allergen?

    Should a Mexican dish trigger an allergic reaction in you, and you did ask for the ingredients to be left out, but they had not due to failure on the part of the restaurant you may only experience mild symptoms. However, if your reaction is something a lot more serious you could experience anaphylactic shock which can be life-threatening if not treated as a matter of medical emergency.

    In order to have a valid claim against a restaurant for an allergic reaction, you would have to prove that through negligence the restaurant was responsible for your reaction because they failed to adhere to food safety legislation.

    Food Allergy Statistics

    The number of people recorded as having to receive medical attention is on the rise due to allergic illnesses. You may only experience minor symptoms associated with a food-related allergic reaction, or you may suffer something a lot more serious like anaphylaxis.

    With 20% of the UK population suffering from some kind of allergy, the number of people who need to receive medical attention is also on the rise. A staggering 44% of adults in the UK are known to suffer from allergies with the number being admitted to hospital suffering from anaphylaxis having risen 600% from 1992 to 2012.

    The most common triggers of an allergic reaction include the following:

    • Dairy
    • Eggs
    • Nuts
    • Shellfish
    • Soy
    • Cereal
    • Wheat
    • Fruit
    • Celery
    • Gluten

    If you suffered an allergic reaction in a restaurant in the UK to Mexican food caused by the above ingredients not being provided on the menu then find out how Legal Helpline can be of assistance, please get in touch today.

    What Are Common Triggers Of Allergic Reactions To Foods?

    When it comes to common triggers of allergic reactions to foods, you may already know which affect you. With this said, the main triggers of which there are 14 are listed below:

    • Fish
    • Milk
    • Eggs
    • Tree nuts – hazelnuts, Brazil nuts, cashew nuts, pistachios, and almonds
    • Wheat
    • Fruit
    • Soy
    • Vegetables
    • Cereal
    • Gluten
    • Celery
    • Lupin
    • Mustard
    • Sulphur found in many types of meat, duck, ham, turkey, or duck

    Mexican restaurant food may include some of the allergens listed above so it is vital that if their dishes include these ingredients they communicate them to their diners. Failure to do so could result in a customer suffering an allergic reaction that could have been avoided.

    Calculating Compensation For A UK Mexican Restaurant Or Takeaway Allergic Reaction

    The table below offers a general idea on the level of compensation you may be awarded. The amounts are based on the Judicial College Guidelines for injuries sustained by claimants in personal injury claims. General damages are awarded to compensate you for your pain, suffering and loss of amenity. The amounts provided do not include any special damages you may also be able to claim.

    Type of Allergic ReactionCompensation Further Details
    Severe reaction£36,060 to £49,270An 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 £18,020An 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 £4,380This compensation could be awarded if the claimant considered their life was at risk during or after the reaction occurred.
    Slight reactionFrom around £860 to £3,710This compensation bracket covers reactions which usually only cause symptoms for a few days or weeks.

    If you would like a more accurate idea of how much compensation your injury may entitle you to, please get in touch with one of our advisers today.

    Compensation Through Special Damages

    Successful claims would see you receiving both general damages for the pain you were caused by a responsible party and special damages which are awarded to compensate claimants for their out of pocket expenses and losses. This means you could claim the following if your case is successful:

    • Travel expenses – this would include parking costs, travel costs whether you get to a hospital/medical facility by train, bus, car, or taxi
    • Medical expenses – this would include the cost of prescriptions, private therapy/rehabilitation/treatment
    • Care costs – should you require help around the home during the time it takes you to recover
    • Loss of income
    • Loss of future income – if you are unable to work again
    • Any other costs/losses incurred

    If you suffer an allergic reaction to restaurant Mexican food in the UK it is vital you receive medical attention so that your suffering can be recorded within your medical records.

    It is worth noting that special damages are calculated on your actual expenditure. As such, proof of expenses and loss of earnings must be provided.

    For more information on how special damages are calculated and what you may be able to include in a UK Mexican restaurant allergic reaction claim, please contact an adviser today on 0161 696 9685.

    No Win No Fee Claims For A Mexican Restaurant Allergic Reaction

    Our panel of solicitors offers claimants the option to work with them on a No Win No Fee basis. Your claim would be assessed and once it has been established you have a strong case against the responsible party, a No Win No Fee solicitor would ask you to sign a Conditional Fee Agreement.

    This is a legal agreement which lays out the following:

    • The Terms and Conditions of the agreement
    • The percentage that would only be payable when you are awarded compensation. This is known as a ‘success fee’

    The success fee is taken from the money you are awarded with the remaining balance being paid to you. Should your case against a responsible party not be successful, the success fee would not have to be paid under a Conditional Fee Agreement.

    To find out how Legal Helpline can assist you in making an allergic reaction after eating at a Mexican restaurant claim, please get in touch today.

    Contact Us Today

    You can contact one of our friendly advisers in the following ways:

    Finding Out More About Allergy Claims

    If you suffered an allergic reaction to peanuts and would like your questions answered, please click on the link provided below:

    Frequently asked questions about peanut allergy compensation

    For more information on an allergic reaction to shellfish and how you could claim compensation from a responsible party, please read our guide by clicking on the link below:

    A guide to claiming compensation for an allergic reaction to shellfish

    If you would like to know more about anaphylaxis, the symptoms, treatment and prevention, please follow the link below:

    Symptoms associated with anaphylaxis

     For more information on how the NHS treats patients suffering from an allergic reaction, please click on the link below:

    Treatment for food allergies

    Guide by HD

    Published by MA.