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

Within this online guide, we will look at why someone may have suffered a vegan restaurant allergic reaction, and how these causes could be a reason to make a personal injury claim. You will find information and advice about engaging a personal injury solicitor to process a claim for you, as well as key legal and financial facts.

The area is so wide that we may not be able to answer every one of your questions in this guide alone. Our team can answer any additional questions that you might have. You can talk to one of them by calling 0161 696 9685.

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A Guide To Claiming For A Vegan Restaurant Allergic Reaction

This online guide to claiming for an allergic reaction after eating certain food presumes that you are within the personal injury claims time limit. If you are unsure what this time limit is, call our team. This guide should provide you with all the basic information you need to start making educated choices in relation to your own potential claim.

Allergic reaction after eating in vegan restaurant compensation claims guide

Allergic reaction after eating in vegan restaurant compensation claims guide

We begin this guide with a short introduction to what an allergic reaction is, and why you could be in a position to claim compensation if you suffer one due to the actions of a vegan restaurant, or its staff. Please can we make a note here that the allergic reaction may have been suffered due to certain ingredients not vegan food as a whole. The first few sections deal with facts about allergic reactions, their causes and possible effects. You will also find information that relates to the responsibilities of the restaurant in relation to informing you about the allergen content of foods, and different scenarios for the way this information must be provided. We end this part of the guide with some statistics about food allergies.

The last sections of this guide move on to look at financial and legal information. You will find a table that gives examples of ranges of compensation you might be able to claim, based on how severe your allergic reaction was. We support this table with a brief list of the kinds of damages you might be able to claim for. Lastly, we will try to show how for some people, in some situations, using the services of a No Win No Fee personal injury solicitor can be a good idea.

If you need further explanation of any of the information in this guide, or simply have questions about the claims process, you can call one of our expert advisors for a chat, on the telephone number near the bottom of this page.

What Is A Vegan Food And Allergy Reaction?

A food allergy is a medical condition whereby the sufferer is sensitive to a specific compound found in certain foods, not in certain cuisines as a whole such as what is considered ”vegan foods”.  This sensitivity causes their body to see this compound as a toxin and react accordingly, triggering sometimes extreme reactions. If you suffer from food allergies, you will already know to avoid specific ingredients in food.

Despite the fact that a vegan restaurant has to take steps to ensure you do not suffer a vegan food allergic reaction through negligence, it may still happen for one reason or another. And if it does, if you can prove that it was negligence on the part of the eatery or one of its employees, you may be in a position to claim compensation for any harm you suffered.

Anaphylactic Shock Symptoms And Treatment

Anaphylactic shock, properly termed anaphylaxis, is a medical condition that occurs at the extreme range of the spectrum of possible symptoms of an allergic reaction. For example, those who suffer from peanut allergies may suffer a reaction so bad that anaphylaxis can in some cases, be fatal.

Anaphylaxis shares symptoms with other medical conditions that have a rapid onset, such as Toxic Shock Syndrome. Emergency medical care is needed straight away. Symptoms can include:

  • Hives like skin rash.
  • A drop in blood pressure.
  • Swelling of the tongue or throat.
  • Sweating and high pulse.
  • Vomiting and nausea.
  • Dizziness or loss of consciousness.

If you were to be subject to a bout of anaphylaxis due to negligence at a vegan restaurant, you may well be in a position to attempt to claim compensation.

Popular Places To Eat Vegan Foods In The UK

Vegan food has been trending for some years, with many established restaurants offering vegan options. There are also some exceptional vegan-only restaurants, and restaurants with a significant vegan menu, such as:

  • Café Rouge
  • Patty & Bun
  • Bella Italia
  • Papa John’s
  • Yo! Sushi
  • Gourmet Burger Kitchen
  • Pizza Express
  • The Real Greek
  • By Chloe
  • The Diner

Popular Vegan Foods And Dishes

Some of the most popular vegan dishes on offer from the restaurants listed above and others are:

  • Satay Sweet Potatoe Curry
  • Vegan Chilli
  • Vegan Chick Pea Curry
  • Vegan Brownies
  • Beetroot and Red Onion Tarte Tatin

Food Safety And Allergy Warning Laws

There are a number of bodies of regulations that apply to food safety in the UK. Within these general regulations are specific requirements related to the responsibilities of eateries in protecting you from an allergic reaction.

When it comes to allergens the 14 main allergens must be communicated some way to customers. And this information must be correct. Additionally, measures must be taken to ensure that there is no cross-contamination of allergens in the kitchen or food preparation areas.

Do Restaurants Need To Notify You About Allergens?

There are 14 allergens that come under the remit of laws related to food safety in the UK. A vegan restaurant has certain responsibilities pertaining to the way they need to inform you about these allergens in the food they serve. The information can be communicated in several ways, there is no one size fits all it is up to the establishment how it is communicated unless the food is packaged;

  • The menu items may have the allergens listed next to the description on a printed menu.
  • For takeaways, you may find the allergen content on their website, in a menu in-store or you can ask the person taking your order.
  • Within a restaurant, the information may be on the menu, on a separate menu or on a notice plack or poster telling you where you can gain allergen information. You could also ask the serving staff.

If the information you are given is incorrect and you go on to suffer an allergic reaction due to this breach of duty you may have grounds to pursue a compensation claim.

Should You Notify The Restaurant And Request An Allergy Free Menu

It is entirely up to you whether you do so or not. In some cases, it can be simpler and quicker to tell the serving staff about your allergy and let them provide you with the allergen information you need.

Although if you do not tell the staff but go on to suffer an allergic reaction because the information in the menu was incorrect you could still possible claim for any suffering caused.

Requesting Meals From An Allergy Free Menu

If you suffer from a specific food allergy such as a bean allergy or a soya allergy, then you already know you need to check the menu to find the dishes that are safe for you to order. In some cases, you might want to order a specific dish and request an ingredient is removed to avoid it triggering your allergy.

The restaurant does not have to honour such requests. The staff can say no. If the restaurant is busy, for example, it may not be possible to cook specially prepared dishes. If the serving staff do say that they will have the dish made without a specific ingredient, they must do so. If they forget, or a mistake is made in the kitchen, your allergy could be triggered. In such cases, a compensation claim might be possible.

What Happens If I Am Not Served Food From An Allergy Free Menu?

There are many ways that negligence can result in you being served food that you are actually allergic to, thus triggering an allergic reaction, for example:

  • Your request to remove a specific ingredient is not acted upon even though it was agreed.
  • The serving staff mistakenly serve you food meant for another person.
  • The cook prepares a dish incorrectly, adding an ingredient that shouldn’t be in the dish that contains an allergen.
  • Hygiene in the food preparation area and kitchen is lax, allowing the cross-contamination of allergens between dishes.

These are just a handful of examples of the way that negligent mistakes can end up causing you harm in the form of an allergic reaction. In each case, if negligence can be proven a viable claim may exist.

Statistics On Allergies

Allergies are a serious health issue in the UK, with the number of sufferers rising steadily year on year. Statistics related to UK allergies include:

  • Over 20% of the entire population of the UK suffers from some kind of allergy.
  • Some 44% of all adults in the UK are allergic to one thing.
  • 50% of women under the age of 35 suffer from an allergy of some kind.
  • There was an increase in the number of hospitalisations for anaphylaxis across 20 years of 615%.

We can very clearly see that allergies are a significant health issue for a large percentage of the population in the UK. As the number of people allergic to some foods increases, restaurants will need to work hard to protect their customers from unwarranted allergic reactions.

Food Allergy Symptoms And Causes

Although there is no specific vegan allergy medicine, over-the-counter and prescription antihistamines can be effective for minor to moderate symptoms. Symptoms of an allergic reaction can include:

  • Sweaty, clammy skin.
  • A red, itchy skin rash much like hives.
  • A swollen face, tongue or throat.
  • Puffy, itchy eyes similar to hay fever symptoms.
  • Stomach pains.
  • Diarrhoea and vomiting.
  • Fainting and dizziness.
  • A potentially lethal case of anaphylaxis.

If you suffer from a food allergy you already know what the symptoms of an allergic reaction are, and how to deal with them. You might carry medication to combat the minor symptoms on you at all times. Regardless, if these symptoms are caused by negligence, then you could have a valid cause to make a compensation claim.

Common Foods Containing Allergens

Allergens are very common in food. Even everyday things that are staples of the UK diet can contain allergens, for example:

  • Vegetables
  • Crustacea
  • Molluscs
  • Shellfish
  • Peanuts)
  • Allergy to tree nuts
  • Sesame seeds
  • Gluten or wheat)
  • Fruit
  • Milk or dairy
  • Fish
  • Eggs

We encounter allergens in a great many foods, even common ones such as these. For most people, this is not an issue. But if you suffer from a food allergy, eating one of these simple foods could, in theory, kill you. If you suffer an allergic reaction at a vegan restaurant due to negligence, you might be able to claim compensation for the harm you were put through.

Calculating Damages For An Allergic Reaction

It could be possible for you to find a personal injury claims calculator online, that would try to estimate how much compensation you may be able to claim if you win your case. Alternatively, we have based this table below on compensation amounts published in the guidelines released by the Judicial College. Look up the severity of your allergic reaction to find out the possible range of compensation you might win.

IssueFurther NotesRange of Compensation
Allergic reactionThis would be an allergic reaction with moderate uncomfortable and/or painful symptoms. A visit to a doctor may be required initially, to treat the symptoms. Recovery would generally happen fully within four weeks, but there could be some lingering, trivial symptoms into the long-term, which would have no measurable effect on the quality of life of the victim.£3,710 to £8,950
Allergic reactionRapid emergency medical treatment is required, and hospitalisation following this. Symptoms will dissipate within weeks, but there will be long-term symptoms lasting years, that could affect the victim’s life quality.£36,060 to £49,270
Allergic reactionThis would be an allergenic reaction with merely uncomfortable or mildly painful symptoms. No medical treatment beyond over-the-counter medication would be required. Symptoms would dissipate within a few days to a few weeks.£860 to £3,710
Allergic reactionThis would be a serious allergic reaction, with vert painful symptoms. The victim would generally need hospital treatment initially to treat these symptoms. Recovery would take up to four weeks for the major symptoms, with minor symptoms that could last for years. These long-term symptoms may have a detrimental effect on the victim’s life.£8,950 to £18,020

A lawyer will need to value your claim for you, based on the unique circumstances of your claim, if you require a more accurate estimate of how much compensation you might receive. We can organise a solicitor to do this for you if give us a call.

Special Damages In Personal Injury Claims

If you were to win a claim for plant-based food allergic reaction that is triggered by negligence at a vegan restaurant, you will either be awarded a settlement in court or offered one out of court. In both cases, a combination of different types of damages will make up the overall total of compensation you receive. General damages all have a basis in physical and psychological harm. The amount of compensation is calculated based on how bad your allergic reaction was, the severity of your symptoms, the kinds of medical treatment you received and whether there are any ongoing health issues in the long term. As examples:

  • If you will suffer a loss of life quality permanently or in the long-term.
  • If you had to go through invasive or traumatic medical treatment.
  • For the general pain and suffering of your symptoms.
  • For any short or long-term mental issues, such as anxiety or depression, that were triggered by the incident.

Special damages are the other side of the coin, they all pertain to some form on non-physical loss such as loss of money. Examples might include:

  • Your inability to work in the future, or at a reduced capacity.
  • If you lost out on pay for missing work, partially or in full.
  • For any medical bills you had to pay.
  • To pay for home help, or a nurse to care for you at home.
  • For travel tickets and other ad-hoc, out of pocket expenses.
  • The cost of the meal that was ruined by the allergic reaction.

We can tell you what kinds of damages might be sensible for you to attempt to claim for and why, if you talk to our team.

No Win No Fee Claims For A Vegan Restaurant Allergic Reaction

Have you heard the term No Win No Fee? Maybe on the radio, or plastered on a billboard somewhere? You probably have, but do you really understand what it means? It is a contract between you and a solicitor, known as a Conditional Fee Agreement (CFA). Under which, the solicitor won’t charge a fee to start your claim, or while the process. Also, they won’t charge a fee if the claim fails.

If the claim is successful, you will be asked to pay the solicitor a modest success fee (legally limited). This can be taken straight out of the compensation payment they received on your behalf.

Our Team Are Here To Help

Have you suffered a vegan restaurant allergic reaction? Do you think you might have a good cause to make a personal injury claim? Or do you just need some help and advice about a potential claim? Whatever assistance you need, please contact us by giving us a call on 0161 696 9685. An advisor will talk over your case with you, and give you some free legal advice on what your next move should be.

Finding Out More

These other guides could be worth reading, as they are similar and relevant:

How To Make A Claim For An Allergic Reaction To Shellfish Or Seafood

Claiming For An Allergic Reaction To Peanuts

These other websites also have useful info:

The Allergy UK Website

Food Allergies Explained

Food Allergy facts

Guide by AH

Published by MA.