Food allergy compensation claim following a restaurant meal

Personal Injury cases involving food and drinks can be common, but during the festive period it is especially important that exposure to potentially harmful foodstuffs is thoroughly checked and that not only consumers, but also businesses, make sure they stay informed, or risk harm and injury and potential food allergy compensation claims.

Claims related to food allergies typically arise when an individual suffers an allergic reaction due to negligence by another party. Our personal injury solicitors settled a case for £5,000 for a client who had to attend hospital when she had a reaction to peanuts in a chicken dish.

Food Allergy Compensation Claim

In this case, our client was taken to hospital by ambulance, there was a concern initially that she had been administered an overdose of adrenaline as she had used her own EpiPen, as well as being given adrenaline injections by paramedics as she was struggling to breathe.  She was later discharged from the hospital but experienced symptoms of light-headedness, dizziness and a racing heart for a further 48 hours.

Her weekend retreat at a luxury Lake District spa hotel was disrupted when she dined in the Brasserie restaurant and no allergy notifications were listed on the menu (as they were with other dishes and allergies).  She had also made staff aware of her allergies, but her choice of chicken skewer and satay dip triggered an anaphylactic reaction causing her throat to close up and making it difficult to breathe.

If you have suffered harm from exposure to peanuts or peanut-containing products, you may be entitled to compensation and a Personal Injury Claim.

Common situations leading to food allergy claims

• A failure to disclose allergens in meals or provide accurate allergen information (as required by the UK’s food allergen laws).
• Cross-contamination, if allergens accidentally enter a dish that is supposed to be peanut-free.
• Inaccurate or unclear allergen labelling on food packaging, violating the Food Information Regulations 2014 or the more recent Natasha's Law.
• Negligence in managing known allergies of individuals, such as failing to provide a safe, peanut-free environment, as well as unsafe food practices or failure to inform employees about allergens in shared meals.

“We have strict laws to protect individuals with food allergies and failing to comply with these laws can provide grounds for a claim.  In this case by not warning my client of the presence of nuts in the dish they failed to take reasonable care,” said Personal Injury Solicitor, Mike Talbot.

Making a food allergy compensation claim

To make a claim, you must prove someone failed to exercise reasonable care to prevent harm (e.g., providing accurate allergy information or avoiding cross-contamination).  That the negligence caused your allergic reaction and you suffered injury, illness, or loss due to the reaction.

• Seek Medical Attention: Document your injury or reaction. Medical records are vital evidence
• Gather Evidence: Keep receipts, packaging, or menus and note any financial losses and associated expenses
• Take photos of the product or food if possible
• Record any communication with the food provider or company
• Report the Incident: To the establishment (e.g., restaurant manager). To Environmental Health (via your local council) if the incident involves a food business

“It’s important to take care as this time of year often involves gatherings, shared meals, and baked goods. For individuals with peanut allergies, this can pose significant risks, as peanuts or peanut-containing ingredients may be present in a variety of festive foods,” warned Mike.

“No one wants the alarm, discomfort and distress a allergic reaction can cause and by staying informed and prepared, everyone can enjoy a safe” he added.

How can we help?

For legal advice on making a food allergy compensation claim contact our personal injury solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.