How Much Could I Claim For A Food Allergy Experienced In Toby Carvery?
This guide explores what you could do following an allergic reaction after eating in Toby Carvery.
If you suffer an allergic reaction at a restaurant due to their negligence, you might be able to make a personal injury claim. This guide explains what circumstances could lead to a valid claim, and provides some basic information about the actual claims process.
Every personal injury compensation claim is unique. This means that you may have questions that need specific answers. Because of this, our advisors give free legal advice. They’re also available 24 hours a day. In addition, if you have evidence of a justifiable claim, they could connect you with our panel of lawyers. You can contact them on 0161 696 9685.
- A Guide To Claiming For A Food Allergy In A Toby Carvery
- What Is An Allergy To Food?
- How Commonly Do People Have Allergic Reactions To Foods?
- I Asked For A Food I Am Allergic To To Be Left Out
- Toby Carvery Did Not Follow My Request To Leave Out An Allergen
- Allergic Reactions That Might Be Caused By Negligence
- What Rights Does The Food Safety Act Offer Consumers?
- I Did Not Tell Toby Carvery I Had An Allergy, Could I Still Make A Claim?
- Foods That Could Cause You To Have An Allergic Reaction
- Toby Carvery Allergy List And Menu
- Food Allergy In Toby Carvery Compensation Calculator
- Are There Other Damages I Could Claim?
- A Look At No Win No Fee Claims For A Food Allergy At Toby Carvery
- Ask A Solicitor About An Allergic Reaction After Eating In Toby Carvery
A Guide To Claiming For A Food Allergy In A Toby Carvery
In the sections that follow below, we will give you all of the basic information that you need, in order to be able to understand the process of making a claim. We discuss what kinds of allergic reactions could be seen as a result of negligence, what a personal injury claim is and what No Win No Fee is.
However, it’s important to note that not every allergic reaction is necessarily caused by a restaurant’s negligence. For example, we all have some responsibility to look after our own health. So if you’re aware of your allergy, you should take steps to ensure you don’t consume the allergen that triggers a reaction. You could do this, for instance, by ensuring you’ve found allergen information about what you’d like to eat and it’s safe for you to consume.
Additionally, if you’re unaware of your allergy and a reaction is triggered for the first time at a restaurant, the restaurant wouldn’t be liable for your suffering. That’s because the restaurant wasn’t aware of your allergy so couldn’t have taken steps to prevent any harm, and you weren’t aware either, so their allergen menu wouldn’t have been of use.
Time Limits To Claim
You are going to need to be within the personal injury claims time limit to make a claim. And this is something our advisors can advise you about. The time limit is generally three months from the date of knowledge that negligence at least contributed to your injuries or three months from the injury. However, this time limit can be different depending on the person affected.
What Is An Allergy To Food?
A food allergy is a recognised medical condition where your body sees a harmless food or ingredient as harmful. When this is consumed, your body reacts as if it is trying to save you from a potentially deadly toxin.
This means that the effects of this reaction can be severe, as an immune response is triggered. Some allergic reaction symptoms include:
- Eyes that are itching.
- An itchy, red skin rash.
- Stomach pains and/or diarrhoea.
- Feeling sick or vomiting.
- Itching or tingling mouth.
Anaphylaxis can be fatal. Symptoms include:
- Swelling of the tongue.
- Difficulty breathing.
What Are Allergic Reactions To Eating Food From A Toby Carvery?
Every restaurant or other food business should provide information on whether any of the 14 allergens are in their dishes. For example, if you ask a server about allergens, they should be able to either tell you whether there are allergens or they should be able to where to get the answers to your questions.
Typically, allergy information is written on a menu so you don’t have to ask for advice on what allergens are contained in a meal.
However, you could suffer an allergic reaction if:
- The server advises you incorrectly about the allergen not being in the food.
- The allergen menu is incorrect or doesn’t mention that cross-contamination could occur.
- You’ve asked for the allergen to be removed from the dish, which the server agrees to, but it isn’t removed and you aren’t warned about this.
How Commonly Do People Have Allergic Reactions To Foods?
Food allergy statistics make for interesting reading. For example:
- Of the estimated 21 million adults that suffer from at least one allergy in the UK (including non-food allergies), 10 million suffer from more than one. Around 1 to 2% of these adults have a food allergy.
- 5 to 8 % of children have a food allergy.
- Up to 1 in 55 children have a peanut allergy.
When you’re aware of your food allergy (or your child’s) you should take the appropriate steps to prevent an allergic reaction. However, if you do this and suffer an allergic reaction anyway because of a restaurant’s incorrect allergen information, for example, you could claim.
This guide on what you could do following an allergic reaction after eating in Toby Carvery aims to give you answers. But if you need to ask anything, why not reach out to us?
I Asked For A Food I Am Allergic To To Be Left Out
As an allergy sufferer, you’re likely to already be aware of the types of food and ingredients that you have to avoid. As we will see later on in this guide, restaurants should provide you with adequate allergen information so that you can choose a meal that’s safe for you to eat.
You may see a dish that could be made safe for you to eat, if one or more ingredients are left out when it is prepared. You can ask the serving staff if it can be removed. However, the restaurant isn’t under any obligation to do this for you.
If they do agree to remove the ingredient, then they should ensure it is removed. For example, if a server asks the chef to remove the ingredient but then finds that they’re unable to, they should advise you of this. Neglecting to let you know that the allergen is still in the meal risks your health. If you suffer an allergic reaction as a consequence, you could make a personal injury claim.
Toby Carvery Did Not Follow My Request To Leave Out An Allergen
If you ask for a dish to be prepared without an allergen, the serving staff don’t have to agree to carry out your wishes. They can advise customers when it’s not possible to remove ingredients and you could choose another meal.
But if they do say ‘yes’ to your request, then they should ensure the dish has the allergen removed.
Allergic Reactions That Might Be Caused By Negligence
There are many forms that negligence can take, that could end up with you suffering an allergic reaction. For example:
- A cook or chef prepares a dish, adding an ingredient that is an allergen and should not have been included because it isn’t listed on the allergen menu.
- You were provided with incorrect information about the allergen content of a dish.
- You were served food that was meant to be for somebody else and it contained an allergen.
- Bad hygiene in the food preparation area allows for cross-contamination, but there wasn’t any information to warn of this.
- You asked for an ingredient to be removed and the server agreed to this but didn’t advise you when they found they couldn’t have the allergen removed.
What Rights Does The Food Safety Act Offer Consumers?
There are multiple laws, rules and regulations aimed at helping protect us from consuming food that could harm us. One such piece of legislation is the Food Safety Act 1990. Under the Act:
- Food businesses shouldn’t remove anything from food, include anything in food, or treat food in a way that could cause it to damage the health of the person consuming it.
- Food businesses should ensure that they sell or serve food that meets the expectations of consumers (in regards to substance, nature or quality).
- The food should be presented, labelled and advertised in a way that is true and not misleading.
I Did Not Tell Toby Carvery I Had An Allergy, Could I Still Make A Claim?
We’re all responsible to some degree of protecting our own health. That means that, as an allergy sufferer, you should ensure that you seek out allergen information for the meals you choose to eat.
However, you don’t have to tell the staff at a restaurant that you have a food allergy. You could seek out that information independently by, for example, finding the restaurant’s online allergen menu. If you do this and the allergen information is incorrect, causing you to suffer an allergic reaction, you could claim.
If you do tell the staff about your allergy, they should be able to point you in the right direction for you to access the relevant information. And if they verbally advise you about what allergens are in meals, then this advice must be correct. If it isn’t, and this leads to you going through the harm of a triggered food allergy, then you could claim.
Allergic Reaction After Eating In Toby Carvery: Warning A Customer Of An Allergen
There are 14 allergens that food businesses should warn customers about if their dishes contain them. We look at these in the sections below.
In the case of a restaurant, it should provide this allergen information in writing (typically on a menu). Additionally, it should be easy to find and simple to understand. If the allergen information is not included on the menu, it should be made available in an additional document.
If this information is not provided, or it is wrong, this could lead you to order food you are allergic to and suffer an allergic reaction. Consequently, you could have a valid reason to make a compensation claim.
Foods Which Could Cause You To Have An Allergic Reaction
Food allergens are to be found in many dishes, perhaps even by cross-contamination. In the case of cross-contamination, even if none of the ingredients deliberately added to a meal would trigger your allergies, you could still suffer an allergic reaction.
There are 14 major allergens that food businesses have to be particularly careful to warn you about. An allergen menu, for example, should list whether meals contain any of the 14 allergens:
- Cereals containing gluten
- Sesame seeds
- Sulphur dioxide (sulphites)
Toby Carvery Allergy List And Menu
We collected the below from the Toby Carvery Allergen menu, and this information was correct at the time of publishing. Anything listed has at least one of the 14 allergens. However, there are other meals on the menu that could contain allergens. This is not a full list.
Tasters & Starters
- Spicy Southern Fried Chicken Strips
- Stuffed Yorkshire Pudding
- Ciabatta Garlic Bread (with or without cheese)
- Loaded Roast Potatoes
Roast Carvery & Vegetable Deck
- Midweek Carvery
- Meat Free Carvery
- Deck Veg Garnish (Pork)
- Bread Sauce
Fish or Salad
- Steamed Sea Bass
- Toby’s House Salad
- Broccoli & Brie Parcel
- Toby’s Vegan Sausage Roll
- Roast Mushroom & Ale Pie
- Veggie Toad In The Hole
- Hunters Gammon
- Roast British Turkey Club
- Roast Pork
- Cheese & Chutney
- Buffet Breakfast Sandwiches
- Spicy Southern Fried Chicken Strips
- Buffet – Cocktail Sausage Rolls
- Buffet – Melon
This guide exploring a potential allergic reaction after eating in Toby Carvery aims to give information to help you. However, if you need anything else, just call our advisors.
Food Allergy In Toby Carvery Compensation Calculator
We have created the compensation table below using the guidelines that are produced by the Judicial College. These guidelines are used by solicitors to help them value injuries. They contain brackets of recommended awards for injuries, varying in degree and type.
You can use this compensation table to look up the potential range of compensation you could receive if you win your claim.
|Issue with Health||Possible Damages||Level of Severity||More Info|
|Illness/Damage Resulting from Non-traumatic Injury||£8,950 to £18,020||Serious (ii)||Severe but short-lived symptoms that reduce within two to four weeks. There would be continuing discomfort, perhaps indefinitely.|
|Illness/Damage Resulting from Non-traumatic Injury||Up to £3,710||Varying degrees (iv)||Pain would be disabling and would last for a few days or weeks.|
|Illness/Damage Resulting from Non-traumatic Injury||£3,710 to £8,950||Significant discomfort (iii)||Hospital admission would be required for some days and symptoms would last weeks, though there would be a full recovery within one or two years.|
|Illness/Damage Resulting from Non-traumatic Injury||£36,060 to £49,270||Severe (i)||Hospital admission would be required for days or weeks. The reaction would be severe and there would be continuing symptoms.|
Please note that this table doesn’t include recommended awards for financial losses caused by the injuries. These figures can be very different for each claimant. We explain how they’re calculated below.
Are There Other Damages I Could Claim?
If you make a successful compensation claim, the settlement you could receive could comprise of up to two different types of damages. General damages compensate you for the psychological and physical harm caused by the allergic reaction the restaurant should’ve protected you from. The more pain you go through and the longer you suffer then, in general, the higher the compensation could be.
To prove general damages, you would attend an independent medical assessment. An independent medical professional would assess your injuries and create a report. That report should:
- Indicate whether your injuries were caused or at least worsened by the incident. If there isn’t a link between the injuries and the incident, your claim might be difficult to prove.
- Show how severe your injuries are and what the prognosis is.
A solicitor could use the report to help them when valuing your injuries.
Special damages compensate you for financial losses caused by the injuries. For example, you might have expenses in relation to:
- Taking unpaid leave during your recovery.
- Medical expenses such as prescription costs.
- The cost of hiring care (or family or friends providing gracious care).
You can prove special damages by providing bills, receipts or other documentation.
A Look At No Win No Fee Claims For A Food Allergy At Toby Carvery
Making a No Win No Fee agreement with a solicitor is a solid way to get the legal help you need whilst reducing the monetary risk of funding a solicitor. Under this kind of agreement, you don’t:
- Pay the solicitor their fee to start on your claim.
- Keep paying ongoing solicitor fees while the claim is being resolved.
- Pay any solicitor fees if the claim fails.
If the claim is won, you would pay a legally limited success fee, which is a small percentage of the compensation payment. You’d know what this percentage would be before you agree to using the services of the No Win No Fee solicitor. In addition, it wouldn’t be accessed until the compensation has actually come through.
Our panel of solicitors all offer No Win No Fee agreements. If you’d like to be connected with them or you have any more questions, why not reach out?
Ask A Solicitor About An Allergic Reaction After Eating In Toby Carvery
Do you have evidence of a justifiable claim? Then you might like to get in touch:
- Contact us with your query so we can get back to you.
- Give us a call on 0161 696 9685.
- Use our live chat for instant answers online.
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Thank you for reading our guide on what you could do following an allergic reaction after eating in Toby Carvery.
Written by MW
Edited by RV