Thai Restaurant Food Allergic Reaction Claims Guide – How To Claim Compensation For An Allergic Reaction After Eating In Thai Restaurant

    Eating out when you suffer from a food allergy could involve taking a number of steps to protect yourself from suffering an allergic reaction. You might ask the serving staff what is contained in your food, or check the allergen advice on the menu. You may even ask for your food to be prepared specially so that an ingredient is left out of a dish you want to order. However, you may still suffer an allergic reaction in a Thai restaurant if you are given the wrong information about allergens, or if the staff ignore your request to leave something out of your food when they previously accepted your order.

    If you’ve had an allergic reaction after eating Thai food because of a restaurant’s negligence, you may be able to make a personal injury claim against the restaurant. Below, we explain in detail the types of food allergy symptoms you could suffer, the allergies you might have, and the steps you could take to protect yourself from a food allergic reaction. It is important to say that although you might think you have suffered an allergic reaction to Thai food it will not be the food itself but it may be the ingredients used in some dishes that you are allergic to. We also take a look at what could go wrong when ordering food at a Thai restaurant, and what situations could lead you to be eligible to claim compensation.

    If you have questions about making a claim, would like us to perform a free eligibility check on your case or connect you with a personal injury solicitor to help you, you can call us on 0161 696 9685 at any time.

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    A Guide To Claiming For An Allergic Reaction In A Thai Restaurant Or Takeaway

    Managing food allergies could be tricky, especially if you like to eat out a lot. To protect you from suffering an allergic reaction in a Thai restaurant, you might have to check the Thai food allergy menu to see what dishes you should avoid. Or, you may ask the restaurant to make you an allergy-friendly dish or leave certain ingredients out of a dish you’re ordering. But what happens if you aren’t given the right information about the allergens contained in the foods on the menu, or staff ignore your request to leave ingredients out of your food?

    Allergic reaction after eating Thai restaurant food compensation claims guide

    Allergic reaction after eating at a Thai restaurant -compensation claims guide

    If you suffer an allergic reaction in a Thai restaurant due to a restaurant’s negligence, you could be eligible to claim compensation for the harm you’ve suffered, as well as any costs that have arisen because of your reaction. This guide has been created to offer you some information on what allergic reaction symptoms you could suffer, as well as the responsibilities of restaurants to provide accurate information on specified allergens in Thai dishes. We also include details of how to go ahead with a claim if you’ve had a dairy, shellfish or nut allergic reaction to Thai food, as long as you can provide sufficient evidence that a third party, for instance, the restaurant negligently breached food safety laws causing you to suffer unnecessarily.

    What Is A Thai Restaurant Allergic Reaction?

    You can suffer an allergic reaction at a restaurant if you consume something you are allergic to.  This could be food served to you in a restaurant or via a takeaway or delivery service. A food allergic reaction happens when your body mistakes an allergen contained within food as a threat to you. It then launches an immune systems response. This is what causes the symptoms of an allergic reaction.

    There are a variety of different types of allergic reaction you could suffer. Some people suffer mixed IgE and Non-IgE-mediated allergies, while others suffer one or the other. Symptoms could include:

    Non-IgE-Mediated Food Allergy Symptoms

    • Constipation
    • Dry, red, cracked skin
    • Vomiting (with no diarrhoea)

    These symptoms could take a little time to develop and it may not immediately be clear that you have suffered a reaction.

    IgE-Mediated Food Allergy Symptoms

    • Dizziness,
    • Wheezing,
    • Throat swelling
    • Nausea
    • Trouble swallowing
    • Mouth, face or body swelling
    • Hives

    IgE-mediated allergy symptoms may appear more quickly than those caused by non-IgE-mediated symptoms. You may be aware seconds or minutes after consuming an allergen that you are having an allergic reaction of this type. Treatment for allergic reactions could vary. In some cases, you may have to simply wait for symptoms to abate, while in others you may be given antihistamines, steroids, or other medical interventions.

    Anaphylactic Shock Symptoms And Causes

    If you duffer from a severe allergic reaction when eating Thai food you could experience anaphylaxis. This is a very serious condition and one that could require urgent medical attention. Symptoms of anaphylaxis could include:

    • Vomiting
    • Mouth swelling
    • Hives
    • Fainting
    • Dizziness
    • Difficulty breathing
    • Collapse
    • A constricted throat
    • A fast heartbeat

    The cause of such a reaction could vary, but certain severe allergies such as those associated with shellfish or nuts could be involved.

    What Are Allergies To Soy, Gluten Or Crustaceans?

    Soy, gluten and shellfish, as well as nuts, are common ingredients in many Thai dishes. In fact, Thai cuisine is particularly peanut-heavy. Peanuts are often used when it comes to garnishing, thickening and flavouring Thai dishes; in particular, Pad Thai noodles. As well as this, while a dish may not contain fish as its main protein, it may contain fish sauce, which is something those with allergies to crustaceans may have to avoid. Soy is also an ingredient that can be found in many sauces served in Thai restaurants, whereas gluten could be contained in bread, noodles and other dishes,

    Popular Thai Restaurant Chains And Foods

    If you’re considering visiting a Thai restaurant in London, or anywhere else in the UK, you may be interested to visit one that is considered to be amongst the best Thai restaurants in the UK. The list below may well be worth checking out.

    • Busaba
    • Thai Express
    • Camile
    • Wok&Go
    • Wok To Walk

    The UK’s Favourite Thai Dishes

    Not sure what to order in a Thai restaurant. Below, we have listed what are considered some of the most popular Thai dishes in the UK.

    • Pad Thai
    • Tom Yum Goong
    • Massaman Curry
    • Green Curry
    • Red Curry
    • Khao Soi

    Allergen Labelling Requirements In The UK

    There are many laws protecting consumers when it comes to food safety some are illustrated below;

    EC Regulation 178/2002  These cover the accuracy of information provided about foods, and the safety of foods that could injure someone’s health.

    The Food Safety Act 1990 These cover the false description or presentation of foods, as well as food that isn’t of the substance, nature or quality demanded.

    The Consumer Rights Act 2015 – This protects consumers under civil law if they suffer a personal injury, damage or loss due to products that are mis-sold, or are considered defective.

    There are also rules about allergen labelling and what allergens must be communicated to consumers. In terms of restaurant foods, it is a legal requirement that customers are provided with certain allergen information. This could be on a separate allergy list, on the restaurant’s menu or on their website, for example, or by asking members of staff.

    What Information Must Be Provided About Allergens?

    The 14 allergens that restaurants must advise consumers of by law are as follows:

    • Tree nuts
    • Eggs
    • Milk
    • Mustard
    • Molluscs
    • Soybeans
    • Cereals that contain gluten
    • Lupin
    • Sulphites/Sulphur dioxide
    • Peanuts
    • Fish
    • Celery
    • Sesame
    • Crustaceans

    Telling A Restaurant Or Takeaway About An Allergy Or Intolerance

    We would always advise allergy sufferers to inform restaurants of their allergies before they order any foods there. However, if you are confident that the allergen advice on the menu is correct, you may not mention your allergies and simply order a dish that is listed as not containing an allergen you react to. If you then suffer a Thai restaurant allergic reaction and find out that the allergen information on the menu was incorrect, you could potentially have a claim for compensation.

    How Diners Can Request Ingredients They Are Allergic To Be Left Out

    You might be able to request a dish on the menu to be prepared without an ingredient. You might ask for certain cooking oils to be omitted from your dish, or you could request that a meal is prepared without using peanuts, for example. The government has issued guidelines that suggest if a request such as this is made, the restaurant should try and comply with it.

    However, there may be cases where a dish cannot be prepared without that ingredient. In these cases, the restaurant should let you know so that you could avoid consuming that allergen and having an allergic reaction.

    What If I Am Served Something I Am Allergic To?

    If restaurant staff do not inform you that an ingredient cannot be left out of your meal, and they serve it to you anyway, this could cause you to suffer an allergic reaction. A claim could be made against a restaurant if they have not included allergy information on the menu, or if you were given incorrect allergen information from the restaurant’s staff, leading to a reaction.

    We should mention that making a claim relies on you being able to prove that the restaurant had breached its duty of care towards you and that such a breach caused you to suffer harm. Proving this could be tricky, which is why many people rely on the help of a solicitor to assist with such claims. If you’ve had a Thai restaurant allergic reaction that you believe has been caused by a restaurant’s negligence, you may wish to go ahead with a claim on your own. However, we’d advise people to consider using a solicitor as not only would they be capable of collecting the relevant evidence, but they could also negotiate a compensation settlement for you with the restaurant’s insurer.  You may not have to go to court as part of your claim if the restaurant admits liability. However, if you did have to go to court, your solicitor would be able to support you through the process so that you could get the compensation you deserve.

    Not sure where you could find a solicitor? Why not let us help you. We could offer you a free, no-obligation eligibility check on your case. If we believe your case could lead to compensation, we could connect you with a legal professional that could help you on a No Win No Fee basis.

    Statistics On The Rates Of Food Allergies And Intolerances

    Allergy UK has provided a wealth of information on its website as to the prevalence of allergies and intolerances. Some pertinent information has been reproduced below. They estimate that:

    • Between one and ten percent of children and adults are hypersensitive to certain foods
    • Somewhere between eleven and twenty-six million Europeans have an allergy to one or more foods
    • Toddlers are more likely to be affected (5-8%) than adults (1-2%)

    What Are The Most Common Allergies And Intolerance To Foods?

    While you might think you are allergic to Thai curry, the reality is that you could be allergic to just one ingredient, or a few ingredients. There are some allergies that could be considered more common than others. We have listed some common allergens below, but you may have a less common allergy, such as an allergy to basil, eggplant allergy, or you could even be allergic to some fruits. If you think you could be allergic to some ingredients, it might be a good idea to consider allergy testing so that you could avoid anything likely to trigger an allergic reaction.

    • Cooking oils
    • Crustacea
    • Molluscs
    • Shellfish
    • Nuts
    • Sesame
    • Gluten
    • Wheat
    • Milk
    • Soya
    • Eggs
    • Fish
    • Soy

    No matter what you’re allergic to, if the restaurant has been negligent in providing the correct allergen information, or has neglected to adhere to a request that something is left out of your meal, you could be eligible to claim compensation for any suffering caused.

    Compensation Calculator For A Restaurant Or Takeaway Allergic Reaction

    We have chosen not to include a personal injury claims calculator on this page. Instead, we have opted to give you some guideline compensation brackets, taken from the Judicial College Guidelines, a publication that could be utilised by solicitors to arrive at a value for your claim. If you’re not sure which bracket your suffering would fit into, please don’t hesitate to call our team for advice.

    Injury KindJCG BracketNotes
    Mental Anguish£4,380.00 A claimant’s fear that they were about to lose their life could lead to an award for mental anguish.
    Slight allergies£860 to £3,710Varying levels of cramps, diarrhoea and pain for days/weeks.
    Poisoning£3,710 - £8,950With significant levels of discomfort, as well as fatigue, bowel issues and cramps. Lasting weeks but with recovery taking a year or two.
    Serious and Short-lived£8,950 - £18,020Vomiting, diarrhoea and poisoning symptoms that could lead to effects on the bowel, and the claimant’s enjoyment of food for up to a few years.
    Severe Toxicosis£36,060 - £49,270Vomiting, acute pain, fever and diarrhoea could feature, with long term impact on enjoyment of life and work ability. 

    Other Types Of Compensation You Could Be Awarded

    A Thai restaurant allergic reaction may have left you with financial losses or expenses relating to the suffering. These could include costs for being cared for at home, wage losses, or even travel or medical expenses. These could also be claimed for, as well as the pain, loss of amenity and suffering caused by your allergic reaction.

    However, you would need to provide proof of any costs or losses you’d experienced in order to claim for them. We’d advise you to consider keeping bank statements, payslips, receipts and bills in a safe place so that you could give these to your lawyer when you’re starting your claim.

    No Win No Fee Claims For A Thai Restaurant Or Takeaway Allergic Reaction

    Here at Legal Helpline, we believe that your financial situation shouldn’t preclude you from hiring a legal representative. This is why we could connect you with a No Win No Fee solicitor to help you with your claim who wouldn’t require any upfront payment to begin work on your case. Nor would you have to pay anything until your claim was completed.

    To begin such a claim, your solicitor would ask you to sign a Conditional Fee Agreement. This is a document under which you’d promise your solicitor a small success fee at the end of your claim if it resulted in compensation. The fee is capped by law and is usually based on a proportion of your compensation. However, if there was no compensation achieved, this fee would not be payable, You would not have to pay the costs incurred.

    We would be glad to answer any questions you might have about No Win No Fee agreements. We’d also be happy to connect you with a solicitor that works on this basis. All you need to do is call us.

    Make An Allergy Claim

    Have you suffered a Thai Restaurant allergic reaction due to a restaurants negligence, if we believe you could have a valid case, we could connect you with a personal injury solicitor to help you with your claim.

    We could also answer any questions you might have about claiming, such as what would be the personal injury claims time limit for your claim, and how much compensation you could get. You can reach us:

    Supporting Knowledge

    Shellfish And Seafood Allergy Claims – You can find more information about the food allergy symptoms you could suffer if you’ve had a shellfish allergy, and how to claim compensation if you’ve had an allergic reaction that was someone else’s fault.

    Peanut Allergy – if you’ve suffered a peanut-allergic reaction and would like to claim compensation, you may be interested in this guide.

    Milk Allergy Guide – If your allergic reaction has occurred due to a milk allergy, this guide may be of interest to you.

    Sesame Allergy Information – A guide has been produced by the Anaphylaxis Campaign giving information on sesame allergies. You may find this useful.

    Treating A Food Allergy – Here, the NHS offers some insight into treatments for food allergies.

    Children’s Allergies – Here, Allergy UK has produced a guide for parents of children with allergies.

    Guide by JS

    Published by MA.