This guide will explore when you might be eligible to sue for a food allergic reaction. In order to make a valid food allergic reaction claim, you must prove that a third party breached the duty of care they owed you and this caused you to sustain harm. We will explore this further throughout our guide.
How to sue for a food allergic reaction
There are strict rules concerning how allergen information needs to be accessed when food is being provided to the general public. Throughout this guide, we will examine the laws and regulations in place to protect food consumers. We aim to help you understand your rights as a consumer. Additionally, it should help you understand whether you are eligible to make a personal injury claim.
However, if you want to speak to someone directly, we can help. Our advisors are available 24/7 to offer free legal advice.
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About Suing For A Food Allergic Reaction
- How To Sue For A Food Allergic Reaction
- Who Could I Sue For A Food Allergic Reaction?
- How To Prove An Allergic Reaction Claim
- Food Allergic Reaction Compensation Examples
- How To Sue For A Food Allergic Reaction With A No Win No Fee Solicitor
- Contact Us To Get Free Advice
- Learn More About How To Sue For A Food Allergic Reaction
How To Sue For A Food Allergic Reaction
The NHS definition of a food allergy is when a specific food causes your immune system to react to it. They also state that some of the most common foods that could cause an allergic reaction include milk, peanuts and eggs.
An allergic reaction could result in mild or serious symptoms, depending on how severely your immune system reacts to the specific food. Some common symptoms might include:
- Vomiting
- Swelling of the tongue, face and around the eyes
- An itchy red rash
- Shortness of breath
However, a food allergy is not to be mistaken for food intolerance. Although they both cause a reaction, they affect different parts of the body. For example, a food allergy affects the immune system and can be fatal. Whereas a food intolerance affects the digestive system.
If you have evidence that a place of business is responsible for causing an allergic reaction due to failing to provide information on allergens, you may be able to make a claim. Additionally, you can report the incident to the Food Standards Agency. They may respond to your report and take action where there is a concern around the safety or quality of food.
You could also report the incident to the place of business that was responsible for the allergic reaction. You could ask for a copy of the report, if you are planning to make a food allergic reaction claim this could help support your case
Contact us today for more information on how to sue for a food allergic reaction.
Who Could I Sue For A Food Allergic Reaction?
As per the Food Safety Act 1990, food businesses have a general responsibility to:
- Ensure that nothing is included in or removed from food in a way that could damage the health of people eating it.
- Ensure that the food served or sold is of the nature, substance or quality that consumers would expect.
- Ensure that food labels and advertising are not false or misleading.
Examples of businesses that must comply with food safety law include restaurants, a pub or bar, a supermarket or takeaway.
Additionally, per the Food Safety and Hygiene (England) Regulations 2013 the nature of the business decides which enforcement authority will the food business be subject to. It places an obligation on food businesses to ensure that any food activities are carried out hygienically.
There are also other pieces of legislation that outlines a businesses responsibility with regards to providing allergen information. For instance, the Food Information Regulations 2014, governs how consumers must be provided with the information about the food that is being purchased.
However, this regulation was recently updated to The Food Information (Amendment) (England) Regulations 2019, which brought in changes to what information should be displayed on foods that are prepacked for direct sale. This was brought about after the death of Natasha Ednan-Laperouse at the age of 15, after suffering an allergic reaction.
If a food business fails to adhere to these pieces of legislation, this is a breach of the duty of care they owe you as a consumer. If the breach results in you sustaining harm, you may be eligible to seek compensation.
For example, an employee may have given you the wrong information about an allergen in food listed on their menu. As a result, you may have suffered a severe allergic reaction causing anaphylaxis.
For more information on whether you could sue for a food allergic reaction, please get in touch on the number above.
How To Prove An Allergic Reaction Claim?
Various kinds of evidence could help you build a valid claim when you sue for a food allergic reaction. For example:
- Pictures of the harm you sustained. For example, if you developed a rash or swelling, you could take photographic evidence of this.
- The packaging of the food sold to you. This could help prove a business incorrectly labelled the allergens.
- Witness contact details. This could be other customers who witnessed your allergic reaction.
- A medical report from your doctor or hospital stating you had an allergic reaction and how this impacted your health.
Food Allergic Reaction Compensation Examples
When making a claim for an allergic reaction, your settlement could include general and special damages.
General damages seek to compensate you for how the harm you sustained affected your physical and mental health and how it has impacted your quality of life. Consideration will also be given to the pain and suffering you were caused.
Special damages seek to compensate you for the financial losses, both past and present, caused by the harm you sustained. This can include lost wages due to having to take time off of work. You will need to supply evidence to claim this back, such as payslips.
When valuing general damages, solicitors may refer to the 16th edition of the Judicial College Guidelines (JCG). It contains a list of different types of harm alongside guideline compensation brackets.
We have included figures from this document in the table below. How much you actually receive will depend on your specific case, these figures are for guidance only.
| Injury | Compensation Amount Brackets |
|---|---|
| Injuries to Internal Organs - Digestive System (b) (i) | £38,430 - £52,500 |
| Injuries to Internal Organs - Digestive System (b) (ii) | £9,540 - £19,200 |
| Injuries to Internal Organs - Digestive System (b) (iii) | £3,950 - £9,540 |
| Bowel - (c) | In the region of £79,920 |
| Kidney - (c) | £30,770 - £44,880 |
| Dermatitis and Other Skin Conditions - (a) | £13,740 - £19,200 |
| Dermatitis and Other Skin Conditions - (b) | £8,640 - £11,410 |
If you require any further information on how to sue for a food allergic reaction, call a member of our team on the number below.
How To Sue For A Food Allergic Reaction With A No Win No Fee Solicitor
We understand you may be feeling apprehensive about the cost of seeking legal representation. However, we can connect you with a personal injury solicitor from our panel who could take your case on a No Win No Fee basis.
They could offer a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). This generally means that if your claim is successful, you will be required to pay a legally capped success fee, which is taken from your compensation. Should the claim not succeed there is no fee to pay.
For more information on how a solicitor could help you sue for a food allergic reaction, contact us today.
Contact Us To Get Free Advice
If you are still unsure whether you can sue for a food allergic reaction, why not call us today? Our advisors can offer you free legal advice and answer any questions you may have.
Why not:
- Call 0800 408 7827
- Use the live chat function
- Contact form
Learn More About How To Sue For A Food Allergic Reaction
Here some resources both internal and external:
- How to sue a school
- How to sue your local council
- How to sue your employer
- NHS – First Aid
- Food Standards Agency (FSA) – Food allergy and intolerance.
- FSA – Allergen guidance for food businesses.
Call us today for more information on whether you are eligible to sue for a food allergic reaction.
Article by ROB
Edited by MIT