Claiming For A Spanish Restaurant Allergic Reaction

After eating in a Spanish restaurant have you had an allergic reaction? Did you know that if your allergic reaction after eating Spanish food was the restaurant’s fault, you could launch a personal injury claim against them for compensation? This guide offers a wealth of information to those with a food allergy to Spanish ingredients, such as peanuts, crustacea and milk, for example.

We offer insight into the types of symptoms you might suffer if you eat Spanish food and allergies occur. We also take a look at what responsibilities a restaurant has towards its customers with food allergies, and how breaching their duty of care towards customers could lead them to be held liable for a Spanish restaurant allergic reaction.

We also provide insight into compensation payouts for personal injury claims of this type, and how to get help with starting a claim. If you require any more information about your Spanish food allergic reaction claim, or you’d like our help with getting a personal injury solicitor to help you launch a claim, you can reach our friendly team on 0161 696 9685.

We offer free, no-obligation advice and could even check your eligibility to claim for free too.

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A Guide To Claiming For A Spanish Restaurant Allergic Reaction

Allergic reaction after eating Spanish restaurant food compensation claims guide

Allergic reaction after eating Spanish restaurant food compensation claims guide

If you’ve suffered from symptoms of a Spanish restaurant allergic reaction, it may not always be the restaurant’s fault. If you were unaware you had a food allergy, or you didn’t check what allergens were in your food on the restaurant’s menu or by asking serving staff, you may not be able to claim if you then suffer an allergic reaction after eating Spanish food.

However, if the restaurant has not taken care to provide accurate allergen information to you, either upon your request of serving staff or by checking the allergen menu, you may be able to claim compensation for the allergic reaction you’ve suffered.

To do so, aside from taking action within the relevant personal injury claims time limit for your case (usually 3 years from the incident date, although there are some exceptions), you would have to prove:

  • The Spanish restaurant had a duty of care towards you
  • The restaurant breached its duty towards you
  • The breach caused you to suffer harm

While you may wish to make a claim without legal representation, and you have every right to do so, it may be worth considering choosing a personal injury lawyer to help you make a claim.

That way, they could take on the work of gathering evidence, proving your claim and negotiating compensation on your behalf. This guide takes a look at how the process of making such a claim would work, along with giving information about the symptoms of a Spanish restaurant allergic reaction you could suffer.

We also look at the laws and rules regarding the responsibilities that restaurants have towards allergy sufferers. We also offer some information about how compensation for such cases could be calculated.

What Are Spanish Restaurant Allergic Reactions?

A food allergy occurs when a person’s body sees an otherwise harmless ingredient as a threat and responds to the perceived threat with an immune system response. The response can vary depending on the proteins released by the immune system, but the most common reactions are:

  • An IgE-mediated allergy
  • A non-IgE-mediated allergy
  • Mixed IgE and Non-IgE-mediated allergies
  • Anaphylaxis

The symptoms you could suffer from a non-IgE-mediated allergy could include itching, dry, red and cracked skin, constipation and vomiting, and these symptoms might only become apparent sometime after you’ve consumed and allergen.

In terms of the symptoms of an IgE-mediated allergy, you might suffer hives, wheezing, swelling of the mouth, body, throat or face, trouble swallowing, nausea, and dizziness. These symptoms may come on seconds or minutes after consuming allergens.

The treatments for allergies of these types may include antihistamines and steroids, but in some cases, you might not be able to minimise symptoms and you may have to wait until they go away on their own.

What May Cause A Severe Allergic Reaction?

Anaphylaxis is a severe allergic reaction that can lead to life-threatening consequences. It occurs when a person consumes an allergen that they are severely allergic to, such as nuts, shellfish or another allergen. Symptoms could include:

  • Collapsing/fainting
  • Hives
  • Mouth swelling
  • Trouble breathing
  • A tight chest
  • Vomiting
  • Confusion/anxiety
  • Rapid heartbeat

It is vital that in a situation where someone has a Spanish restaurant allergic reaction of this type, urgent medical treatment is sought. In some cases, anaphylaxis could lead to a person losing their life if they do not receive an urgent intervention. This is why some people carry epi-pens if they have severe allergies.

What Are Shellfish Or Dairy Allergies?

Shellfish and dairy are common ingredients in Spanish food but they could cause you to suffer an allergy.

Shellfish allergies could mean you are allergic to:

  • Fish
  • Crustaceans
  • Molluscs

These allergies can occur at any point in someone’s life and are usually lifelong once they develop.

Dairy allergies could mean you are allergic to:

  • Milk
  • Milk powder
  • Milky drinks
  • Cheese
  • Butter
  • Margarine
  • Yoghurt
  • Cream
  • Ice cream

If you have a milk, shellfish or fish allergy, you should take care to check the allergen menu of any restaurant you’re eating at so that you could avoid foods that contain the allergens you react to.

Top 5 Spanish Takeaways, Restaurants And Dishes

Below, we have listed some of the top Spanish restaurants in the UK. If you were considering eating there, whether you are eating with allergies or not, these are some of the most popular restaurants in the UK that serve Spanish foods.

  • Tapas Revolution
  • La Tasca
  • Iberica
  • Barrafina
  • El Pirata

The Most Popular Spanish Restaurant Dishes

Dishes on Spanish restaurants’ menus could vary widely, from the La Tasca menu to Iberica’s menu, but there are some dishes that you might find across many Spanish restaurants’ menus.

Here, we’ve listed some of the most popular Spanish dishes that you could find on many Spanish restaurants’ menus. It would be wise to remember, however, that different restaurants produce dishes differently, so if you want to avoid a Spanish food allergy, it would be wise to check out the Spanish food allergy info from the specific restaurant you’re dining at.

  • Patatas Bravas
  • Paella
  • Gazpacho
  • Jamón Ibérico / Ibérico ham
  • Calamari
  • Pulpo a la Gallega
  • Spanish Tortilla / Tortilla Española
  • Crema Catalana
  • Chorizo
  • Fabada Asturiana

What Allergy Protection Regulations Are There?

Both civil and criminal laws are in place to protect allergy sufferers consuming foods from restaurants and other foodservice providers in the UK. Some specific laws include:

  • Sections 14 and 15 of The Food Safety Act 1990 – These cover the false presentation and description of food products, as well as the sale of foods that aren’t of the substance, nature or quality the consumer demands.
  • Articles 14 and 28 of EC Regulation 178/2002 – These cover the traceability of foods and the accuracy of the information consumers receive from foodservice providers about their food. They also cover food safety, in terms of food that injures someone’s health.
  • The Consumer Rights Act 2015 – This protects those who purchase items from injury, loss or damage caused by defective/mis-sold products.

What Allergy Information Must Be Provided By Restaurants?

Food services providers are also bound by rules when it comes to providing information about allergens to consumers. Takeaways and restaurants should provide allergen information in writing to their customers. They can do this in a number of different ways, such as:

  • On their website
  • On their menu
  • On a separate allergen menu

They should also be able to advise customers on request of what allergens are present in the dishes they serve. This is so that customers are able to make a choice of dishes that are safe for them to eat without suffering a Spanish restaurant allergic reaction.

By law, when it comes to allergens you should be warned about, the presence of the following 14 allergens should be informed to you:

  • Crustaceans
  • Sesame
  • Soybeans
  • Celery
  • Fish
  • Peanuts
  • Sulphites or sulphur dioxide
  • Cereals containing gluten
  • Molluscs
  • Mustard
  • Milk
  • Eggs
  • Lupin
  • Tree nuts

If you are unsure as to whether your Spanish food allergic reaction could lead to a claim, or you have further questions about Spanish food and allergy claims, please do not hesitate to call our team.

We’ll be glad to assess your case and provide free advice based on your specific circumstances. We could even connect you with a personal injury lawyer who could begin a personal injury claim of this type for you.

Informing Restaurants That You Need An Allergy Free Meal

If you have a known Spanish food allergy, some steps you could take to avoid a Spanish restaurant allergic reaction could include:

  • Checking the Spanish restaurant’s allergy menu
  • Asking the server for allergen information
  • Informing your server of your allergies and asking what is safe to eat
  • Requesting a meal without a specific ingredient

If you take all reasonable steps to protect yourself from an allergic reaction after eating Spanish food and you suffer because the restaurant has ignored your request or has provided you with inaccurate information, you may be able to hold them liable for the harm they’ve caused you.

Requesting That Your Food Is Allergy Free

When you have food allergies, you may be careful to check the menu to find out what dishes contain the allergen you react to, so that you could avoid consuming it.

However, what happens if you see a dish on the menu that you really like the sound of, but that contains an ingredient you’re allergic to? While in some cases, it might not be possible to request that the meal be amended, in other cases, you may be able to ask that an ingredient is left out.

For example, if you order a salad that normally has feta cheese in it, you could ask for the cheese to be left out. Or, you might ask for gluten-free bread instead of bread that contains gluten. If possible, the restaurant, according to guidelines from the government, should try to make such amendments to your meal if they are able to.

If they are not able to comply with such a request, they should let you know so that you could order something else, avoiding the chance of you suffering a Spanish restaurant allergic reaction.

What May Happen If A Restaurant Served Me Food I Am Allergic To?

If you have requested an amendment to your food so that you can avoid an allergic reaction to food in a Spanish restaurant, but staff have ignored your request and included the allergen in your food, you could make a claim against them.

This is because they would have breached their duty of care towards you. You could also claim if you have been provided with allergen information that is inaccurate or incomplete, causing you to suffer a Spanish restaurant allergic reaction.

Claiming For A Child’s Allergic Reaction

If your child has suffered a Spanish food allergic reaction due to a restaurant’s negligence, you may be able to claim on your child’s behalf. You could do so by acting as a litigation friend for your child. A personal injury solicitor could help you to make such a claim. Simply get in touch with our team to find out more.

Rates Of Allergic Reactions Suffered In The UK

If you’re wondering how common it is to have a food allergy in the UK, the following statistics from Allergy UK might interest you:

  • In the UK, 20% of the population have one allergy or more
  • Between the twenty years from 1992-2012, anaphylaxis hospital admissions rose by 615%
  • In the developed world, allergies affect 3-6% of children
  • Food allergies are suffered by 7.1% of infants who were breastfed

What Causes Or Triggers Allergic Reactions?

There are a great many ingredients that could cause you to suffer a Spanish restaurant allergic reaction, but some food allergies are more common than others. These include:

  • Soy
  • Celery
  • Mustard
  • Crustacea
  • Fish or shellfish
  • Nuts (including both peanuts and tree nuts)
  • Eggs
  • Soya products
  • Gluten
  • Wheat
  • Fruit
  • Vegetables
  • Cooking oils (for example olive oil)
  • Sesame
  • Milk or dairy products

If you’re unsure as to what allergy-producing ingredients you react to, you might wish to consider finding allergy services in your area so that you could be tested. That way, you could avoid foods that you knew would provoke a Spanish restaurant allergic reaction.

How Much Could My Spanish Restaurant Allergic Reaction Claim Be Worth?

You may have been under the assumption that we would have included a personal injury claims calculator within this guide, but we have chosen to present compensation payout guidelines in a different way on this page.

This is because calculator tools would not be able to take into account the specific facts of your case, including the medical evidence, so the amounts they would give you would only be rough estimates.

We have chosen instead to give you information on the guideline payout brackets for specific injuries that could relate to a Spanish restaurant allergic reaction claim. The figures you see below have been taken from the Judicial College Guidelines. This is a publication that could be used by your personal injury lawyer to come to a value for your claim.

If you can’t see the injury you’ve suffered below, please do feel free to call us for more specific guidance.

Injury Claimed forRemarksCompensation Bracket
Mental AnguishThe thought you might be about to lose your life could cause you to suffer mental anguish.£4,380.00
Illness from non-traumatic injuriesDays or weeks of cramps, vomiting, and diarrhoea at varying degrees.£860 - £3,710
Illness from non-traumatic injuriesSymptoms such as disabling cramps, fatigue, bowel issues and discomfort could last for weeks int these cases. However, you would likely recover completely within 1-2 years.£3,710 to £8,950
Illness from non-traumatic injuriesSymptoms similar to above but more severe. They could affect the claimant’s ability to enjoy food for some years.£8,950 to £18,020
Illness from non-traumatic injuriesPain that is acute, as well as fever, diarrhoea and vomiting. Hospitalisation might be required and there would be a longer-term effect on the claimant’s ability to attend work as normal and have a normal social life.£36,060 to £49,270

Being Compensated Through Special Damages

On top of the amount you could be compensated for the suffering, loss of amenity and pain of your Spanish restaurant allergic reaction, you could also claim for special damages. These relate to any expenses you’ve suffered due to your allergic reaction.

They might include, but may not be limited to:

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

To claim for any of these expenses, you’d have to provide evidence that they exist. Payslips, receipts and bank statements could all be vital in ensuring you don’t miss out on any compensation you could be eligible for.

No Win No Fee Claims For A Spanish Restaurant Allergic Reaction

Here at Legal Helpline, we could connect you with a solicitor that works on a No Win No Fee basis, which means you would not need to pay them anything until your claim has been successfully settled. No Win No Fee claims may be something you’ve heard of before, but you might not know how they work.

To begin a claim for a Spanish restaurant allergic reaction under these terms, you’d first have to sign a Conditional Fee Agreement. This agreement effectively promises a legally-capped small success fee to your lawyer if they secure compensation for you.

Once signed, your solicitor would start working on your claim. Once they had successfully negotiated compensation for you, their success fee would be taken from your final compensation award. If no compensation was agreed, you wouldn’t pay the success fee or any of the solicitor’s costs that they had incurred while fighting your case.

If you would like to know more about these types of claims, we’d be glad to help. We could answer all of your questions as well as connecting you with a lawyer that could take your case on under these terms.

We Are Here To Help

If you’re considering making a Spanish restaurant allergic reaction claim and would like to benefit from expert advice, we’d be glad to help you.

We could assess your claim for free if you’d like us to, and provide specific advice based on your situation. If we think you could be eligible for compensation, we could put you in touch with an experienced personal injury solicitor who could begin a claim for you on a No Win No Fee basis. This would mean you wouldn’t have to pay upfront to begin your claim.

You can reach us in any of the following ways:

Where To Learn More

Seafood Allergy Negligence Claims – You can find out more about making a claim for an allergic reaction to seafood in this handy guide.

Allergic Reactions To Peanuts – This guide looks in detail at making a peanut allergy claim, including how symptoms could present and how much compensation you could be eligible for.

Making A Claim For A Milk Allergy – Here, you’ll find a wealth of information regarding milk allergy claims. This could be useful to you if you’ve had an allergic reaction to foods containing milk.

Olive Tree Allergy – This NHS page gives some information about Mediterranean foods and how they could cause allergies.

Lupin Allergy Information – If you believe you have a lupin allergy, this information from could be of use to you.

Guidance On Eating Out With Allergies – Here, you can find some resources on eating out with allergies.


Guide by JS

Edited by REG