Food allergies are a condition that can’t be cured. They affect millions of people in the UK and the number is rising. While an allergic reaction can sometimes be minor and cause inconvenient or embarrassing symptoms, they can also be life-threatening or fatal. That’s why allergy sufferers need to know what allergens are present in any food they purchase.
Luckily, legislation exists to make it easier for them to find such information. If allergen information is missing though, and somebody suffers an allergic reaction as a result, they could be entitled to claim compensation. This guide is going to explain when you could claim for an allergic reaction after eating at Wagamama.
We’ll provide information on the types of mistakes that could lead to an allergic reaction, when a restaurant might be to blame, and in what circumstances you could seek compensation.
Legal Helpline can support you through the process of making a claim. Our team of specialist advisors provides free legal advice on your options. Also, they’ll assess any claim you’re considering on a no-obligation basis. If they regard your claim to be viable, you’ll be connected with one of the lawyers from our panel. Should they agree to take on your claim, they’ll provide their services on a No Win No Fee basis.
To enquire about making a claim right away, please call 0161 696 9685 today. If you’d rather find out more before calling, please continue reading this Wagamama allergy claims guide.
Jump To A Section
- A Guide To Claiming For A Food Allergy In Wagamama
- What Are Allergic Reactions To Foods?
- How Commonly Do People Suffer Food Allergies?
- I Told A Restaurant About My Allergy And Asked For A Food To Be Left Out
- How A Restaurants Negligence Could Cause You Harm
- What Rights Do You Have When Dining At A Restaurant?
- Could You Claim If You Did Not Tell The Restaurant Of Your Allergy?
- Foods Which May Trigger Allergic Reactions
- Wagamama UK Allergy Menu And Information
- Calculating Compensation For A Food Allergy In Wagamama
- Additional Damages Which May Be Claimed
- No Win No Fee Damages Claims For A Food Allergy In Wagamama
- Contacting Legal Helpline
A Guide To Claiming For A Food Allergy In Wagamama
In many cases, allergic reactions caused by food are minor and pass relatively quickly. That said, you could still be entitled to claim compensation if your reaction was caused by negligence. Other types of allergic reactions can be much more serious and cause life-threatening symptoms.
To make the process of choosing foods easier for allergy sufferers, laws exist which mean retailers, producers and packagers of food products must highlight clearly any allergen present (or potentially present). If these laws aren’t adhered to, and a customer suffers an allergic reaction, the responsible party could be sued for their negligence.
This guide is about claims for an allergic reaction after eating in Wagamama, but the advice could be applied to other restaurants as well. One of the most important messages we’d like to convey is that you should begin a claim as soon as possible.
That’s partly because it’s easier to claim while the events leading to your injuries are still fresh. It’s also because there is a personal injury claims time limit. This is a 3-year limitation period which, generally, starts on the date you suffered the allergic reaction. If you fail to claim within this period, you’ll be barred from doing so and will lose out on any compensation you could’ve been entitled to. Your solicitor will also need time to collect evidence such as medical reports to support the claim, so the sooner you begin, the better.
What Are Allergic Reactions To Foods?
Food allergies occur when your immune system mistakenly believes that an ingredient is a danger to you. When this happens, antibodies are released including histamine to try and protect you from the ‘danger’. This is the process which causes the main symptoms of an allergic reaction to happen. The NHS says that common symptoms include:
- Red, itchy, watery eyes.
- Swollen eyes, face, tongue or lips.
- A red rash (hives).
- A cough, wheezing or chest tightness.
These symptoms can occur straight away or over a few hours after eating. The most serious form of allergic reaction is called anaphylaxis. This can cause difficulty with breathing which can become life-threatening (and fatal) when not treated soon enough.
What Is An Allergic Reaction Triggered By Food From Wagamama?
Based on the details from the previous section, you might think that Wagamama wouldn’t be responsible if you suffer an allergic reaction. However, legislation in the UK places a duty of care on food-related businesses to provide details of any allergen that is present or could be present, in their food.
This guide will consider what forms of negligence could lead to an allergic reaction and when you might be entitled to seek compensation. If you are considering making a claim, call an advisor and let them know what happened. Your case will be reviewed for free and a no-obligation consultation could help you decide if your claim is strong enough.
How Commonly Do People Suffer Food Allergies?
We’re now going to look at some statistics from The Food Standards Agency (FSA) regarding allergies.
The FSA estimates that:
- 600,000 people suffer from coeliac disease.
- 2 million people are food allergy sufferers (this figure excludes food intolerances).
- The number of deaths from food allergic reactions remains low at around 10 per year.
For further statistics on food allergies, please see this data from Allergy UK.
I Told A Restaurant About My Allergy And Asked For A Food To Be Left Out
When you purchase food from a menu in a restaurant that prepares its own meals, you might ask for items to be removed from your dish. For instance, you could ask for:
- No Eggs
- No Oats
- No Wheat
- No Cheese
- No Milk
- No Nuts
- No Fish
Sometimes, the member of staff who serves you will tell you that you’ll need to choose another item as they can’t complete your request. However, if they accept your bespoke order, but the allergen you asked to be removed is still present, you could suffer an allergic reaction. If that happens, you might be entitled to seek compensation if you can evidence the restaurant’s failing.
How A Restaurants Negligence Could Cause You Harm
Big chain restaurants like Wagamama have legal teams, compliance departments and training departments who put a lot of work into ensuring they meet their legal obligations when serving customers food. If that’s the case, you might then wonder how you could sue them for an allergic reaction. Well, no matter how much work the company puts in, mistakes can still happen, unfortunately.
For instance, here are some scenarios where negligence could entitle you to make a claim:
- Because the staff in the restaurant failed to display the allergen notices provided by the company.
- Where a chef deviates from the menu and includes an allergen that’s not listed.
- If staff provide incorrect allergen details when asked.
- Where safety measures are not followed in the kitchen and lead to cross-contamination.
What Rights Do You Have When Dining At A Restaurant?
When you purchase products in the UK, you’ll often be protected by the Consumer Rights Act 2015 as well as other legislation. That means your product will need to be fit for its intended purpose and received as advertised.
In relation to food purchases, your food should contain the ingredients advertised and nothing else. Therefore, you might be able to claim for an allergic reaction if the food contained an allergen not listed anywhere in the restaurant. If you believe this to be true in your case, let us know so that we can assess your options.
Could You Claim If You Did Not Tell The Restaurant Of Your Allergy?
Put simply, the answer to this question is yes. You could still sue a restaurant even if you didn’t tell them that you are an allergy sufferer. While it might seem like a good idea to let them know, if you forgot or didn’t get a chance to, you could still make a claim.
Remember, having an allergic reaction doesn’t automatically entitle you to claim though, you do still need to demonstrate that the restaurant’s negligence caused the incident to occur.
Failures Of A Restaurant To Provide Allergy Warning Information
One of the ways that could happen is because the restaurant failed to advertise allergy information properly. The methods they could use to do so include:
- Listing allergens on the menu.
- Displaying a notice about where you can find allergy information (prominently).
- Staff providing allergen information when asked.
If you suffered an allergic reaction after eating in Wagamama because one of the above didn’t happen, you could be entitled to be compensated for your suffering provided you can evidence the breach in the duty of care owed to you by the restaurant. If that’s the case, why not discuss what happened with a member of our team?
Foods Which May Trigger Allergic Reactions
Some food allergies are more well known than others. For instance, you’ll often read about nut allergies in the news because somebody has been seriously injured or because flight companies are considering banning all nuts. However, you may be surprised what else can cause an allergic reaction. Therefore, we’ve included the following list:
- Wheat allergies
- Sulphur dioxide allergies
- Gluten allergies
- Milk allergies
- Soy allergies
- Seafood allergies
- Fruit allergies
- Cereal allergies
- Egg allergies
- Gluten allergies
- Fish allergies
- Lupin allergies
- Dairy allergies
- Mustard allergies
- Celery allergies
- Shellfish allergies
- Nut allergies
Legal Helpline could work with you to make a claim if any of the above has caused you to suffer an allergic reaction because a food business failed to highlight them in their packaging or menus. At the end of this guide, you’ll find a number of different ways to contact us.
Wagamama UK Allergy Menu And Information
To show the types of food you can currently order in Wagamama, we’ve listed the menu they were serving at the time of writing. You may find that the menu has changed if you visit as some food establishments have been reducing menu options to try and keep kitchen staff safe during the COVID-19 pandemic.
- Hot Yasi Katsu Curry
- Chicken Katsu Curry
- Hot Chicken Katsu Curry
- Firecracker Chicken
- Hot Vegatsu
- Chicken Raisukaree
- Firecracker Prawns
- Prawn Raisukaree
- Shirodashi Ramen
- Kare Burosu Ramen
- Chilli Prawn + Kimchee Ramen
- Chicken Ramen
- Chilli Chicken Ramen
- Tatanmen Beef Brisket Ramen
- Chilli Sirloin Steak Ramen
- Yaki Soba
- Teriyaki Salmon Soba
- Ginger Chicken Udon
- Chicken + Prawn Pad-Thai
- Yasai Pad-Thai
- Teriyaki Sirloin Steak Soba
- Yasai Yaki Soba
- Yaki Udon
- Grilled Duck Donburi
- Teriyaki Beef Donburi
- Naked Katsu
- Seared Nuoc Cham Tuna
If you’ve suffered an allergic reaction after eating in Wagamama because you believe they didn’t provide enough information about allergens that might be present, we can advise you on your options. Please let an advisor know what happened and let them assess your case for free.
Calculating Compensation For A Food Allergy In Wagamama
We know that you probably want to find out how much compensation you’ll receive. However, we don’t provide a personal injury claims calculator here due to the fact that every claim is unique, and a calculator can provide misleading results. Therefore, we’ve added a table of potential compensation figures below instead. Once your claim has been assessed properly, you’ll be told a more accurate figure that reflects your suffering.
|Mental Anguish||This category could be claimed if you feared for your life while suffering an allergic reaction.||£4,380|
|Allergic reaction - slight||This form of an allergic reaction will have minor symptoms which resolve in days or weeks.||From around £860 to £3,710|
|Minor allergic reaction||This form of an allergic reaction may require some hospital treatment but full recovery occurs with no long-term symptoms.||£3,710 to £8,950|
|Severe allergic reaction||This form of an allergic reaction result in severe pain and suffering. There will be some long-term impact on the enjoyment of life and the ability to work. A hospital visit of some weeks is likely.||£36,060 to £49,270|
The figures above are taken from the guidelines of the Judicial College, an organisation that reviews compensation awards made by the courts.
It’s worth noting that injuries are compensated by their level of severity. This means a solicitor needs to provide evidence to show the true nature of your allergic reaction and how it affected you. Therefore, during the claims process, you’ll be referred to a local specialist who’ll perform a medical assessment.
While you’re at the appointment, you’ll be asked questions about what impact the injuries had on you. Then the specialist will prepare a report to show what effect the injuries had on everyday life and whether you’ll continue to suffer in the future.
Additional Damages Which May Be Claimed
Compensation claims are made up of different elements. Your pain, suffering and loss of amenity are covered by the general damages element of your claim. We provided examples of general damages in the preceding section’s table. The other part of the claim is called special damages which aims to reimburse any costs you’ve incurred because of your allergic reaction after eating in Wagamama.
There are several things you can claim in special damages including:
- Medical Expenses.
This element can include items like over the counter medication or prescription costs. In some cases, you might also need to claim for treatments not available from the NHS.
- Travelling Costs.
Your claim could include any parking or fuel costs incurred while visiting hospitals, doctors or pharmacies. Furthermore, if you’re not able to drive because of your allergic reaction, you could ask for the cost of special transport arrangements to be covered.
- Care Costs.
You may need help or support from a friend or carer while you’re recovering. If that’s the case, you could include any associated costs in the claim. This might mean calculating an hourly rate for your friend’s time.
- Lost Income.
You may need to take days or weeks away from work while you recover. If that happens, and your employer doesn’t cover full sick pay, you could request any lost income to be paid back.
- Future Loss of Earnings.
Finally, where you’re left with a disability or long-term symptoms that impact on your ability to work, you could ask for future lost income to be paid. How much is paid will be based on your age, job prospects and how you’ve been affected.
No Win No Fee Damages Claims For A Food Allergy In Wagamama
It’s very often the case that claims are put off because the claimant is worried about how much it will cost them. We remove a lot of that stress, as well as a lot of the financial risk, by working with a panel of personal injury lawyers who provide a No Win No Fee service for claims they handle.
They first need to assess that the claim has merit before agreeing to take it on. Once they’ve done so, and when you’re ready to start, a Conditional Fee Agreement (CFA) will be drawn up. This is a No Win No Fee agreement which will fund your allergic reaction claim.
Using a CFA means that:
- The case will start almost immediately as there are no upfront payments required.
- You won’t need to cover any solicitor’s fees while they work on your claim.
- If the claim isn’t won, you won’t be liable for any solicitor’s fees whatsoever.
Your solicitor will cover their time and costs by keeping a small portion of your compensation if they win the claim. This is referred to as a success fee. By law, success fees are capped and, so you know how much you’ll pay from the start, it is listed in your CFA.
Contacting Legal Helpline
If you’ve read this guide about suffering an allergic reaction after eating in Wagamama and decided that you want to make a claim, we’re here to help you. Here are the best methods of contacting us:
- Call 0161 696 9685 today for completely free advice on claiming.
- Use our enquiry form to ask us to call you back when it’s convenient.
- Discuss what’s happened with an online advisor using our live chat service.
- Send us an overview of what happened in an email to [email protected].
We’ll always offer a no-obligation consultation of any claim where an advisor will discuss what happened and how you’ve been affected. If they conclude that the claim has a reasonable chance of success, you’ll be referred to a specialist lawyer from our panel. So that your claim isn’t too stressful, it will be handled on a No Win No Fee basis if the solicitor agrees to work on it for you.
You’ve arrived at the last part of our guide about claiming for an allergic reaction after eating at Wagamama. We do hope that you’ve found the guide useful and that it’s helped you decide what steps to take next. For further support, here are some additional guides and resources which could assist you.
Claiming For A Wheat Allergy – This guide aims to advise you on how to claim for an allergic reaction to wheat.
Accidents In A Shop – Details of the types of shop accidents that could lead to a personal injury claim.
Claiming For A Nut Allergy – This guide explains when a reaction to nuts could result in a compensation claim.
Alternative Dairy Products – Guidance on replacing dairy products from your diet to avoid an allergic reaction.
Food Safety & Hygiene – Practical advice from the government’s Food Standards Agency.
Coeliac Disease – An NHS guide on the symptoms and treatment of the disease caused by gluten.
Guide by BE
Edited by REG