Can I Sue for Allergic Reaction?
Find out how much your personal injury claim may be worth
Allergic Reactions are common in the UK for many people. Most allergic reactions are minor. However, some allergic reactions can be fatal and life-threatening. Allergic reactions can happen if you eat something which you are allergic to, or if your skin comes into contact with something you have an allergy to.
It is always hard finding out you can’t eat something or use a certain product because you will react badly to it. Children are more likely to find out if they have any allergies or intolerances when they are younger. However, it is also common for adults to suffer from new allergies even when they are older.
If you have suffered an allergic reaction due to someone else’s negligence, you may be wondering “can I sue for allergic reactions?”
It doesn’t matter whether you suffer a food allergy, medical treatment allergy or even beauty treatment allergie,s such as a hair dye allergy; if you become ill or suffer an injury due to someone else’s negligence, you may be able to make a claim for an allergic reaction.
How Do Allergic Reactions Happen?
Everyone has different immune systems that can handle different types of foods and substances. Some people have strong immune systems where their body can handle different proteins; however, if your body doesn’t react well to certain types of foods or substances, it is because the immune system may see the substance as a potential threat which causes the immune system to release a flood of chemicals in the body which can cause a bad reaction to happen and trigger an allergic reaction in the body.
Some of the most common foods that trigger allergic reactions for children include:
Allergies that adults often have are more common when eating food or substances, including:
- Nuts: Almonds, Peanuts, Brazil nuts, Pine nuts and pistachios
- Some types of fruits
- Some types of vegetables
- Sesame Seeds
It is worth noting that there is a huge difference between not liking food and being allergic to food. The worst type of allergic reaction you can suffer from is ‘anaphylactic shock’ (anaphylaxis). This is where the immune system releases an enormous amount of chemicals to fight the ‘false threat’ off. There are debates as to why there has been an increase in allergies, suggesting changes in diet and lifestyle may be the leading cause, while others argue that ‘germfree’ environments can have a long-term impact on the immune systems’ strength, decreasing over time.
Less Common Allergies
The most common types of allergies are often food-based; however, other substances can also cause allergic reactions.
People can also be allergic to substances such as medicines, like Penicillin, or have an allergy to specific ingredients in hair dyes or other beauty treatment products.
Common Symptoms Of Allergic Reactions
Symptoms of allergic reactions are different for everyone. Food allergy reactions will differ from medical or cosmetic allergy reactions symptoms. Common symptoms are:
- Red rashes
- Swelling in different parts of the body
- Difficulty breathing
- Dizziness or unconsciousness
- An increase in heart pulse
- Decrease in blood pressure- Which may result in a coma
- Stinging or burning sensation on the neck, face, or scalp
- Welts or blisters
Can I Sue for Allergic Reaction?
You, as the consumer, also have rights to claim compensation where you have suffered an allergic reaction from packaged foods under the Consumer Protection Act. Under this Act, food manufacturers have a duty of care to ensure they provide food allergen labelling on their products. These labels must include clear warnings of ingredients that may cause an allergic reaction to food items.
If the food labels are damaged or fall off the food, you can argue that you were not warned of the allergens included within in the food. If this is the case, you could make a food allergy claim where the manufacturer will be held liable.
In October 2021, a new law came out that requires food labels on pre-packed foods for direct sale to clearly show allergen information.
Can I Sue a Restaurant for Allergic Reaction?
If you have a food allergy, you should always make the staff aware that you have an allergy, request information on the ingredients used to make certain foods and request information on the risk of cross contamination of ingredients during preparation of food.
You an make a claim for compensation in relation to a food allergy suffered in a restaurant in one of two scenarios:
- If the staff serving the food gave you incorrect information. You are required to have asked the member of staff serving your food for information regarding the ingredients in the food. You should make the staff in the restaurant aware that you have an allergy. If for example, you asked a member of staff if a certain meal was gluten free, and they wrongly advised you that it was, and after eating it you suffered from an allergic reaction, you may have grounds to make a a claim for compensation. However, you will need to provide evidence that the staff gave you the wrong information, which can be difficult. It may be useful of there was a witness present who can testify to this in your claim.
- If the menu contains the wrong information. To hold the restaurant liable for a food allergy, the menu in the restaurant must clearly state that something is free from allergens for example, it may state that a type of dish is ‘gluten-free’. If you were to then order that dish and suffer an allergic reaction, you could be entitled to claim for compensation. This scenario is easier to evidence as you can simply obtain a copy of the menu where the information is held.
Contact us today if you require more information on suing a restaurant for an allergic reaction.
No Win No Fee Claims
We offer our services on a no win no fee basis. No win no fee means that you will not be required to pay our fees if your claim is unsuccessful. Our fees will be deducted from your compensation at the conclusion of your case if you successfully make an allergic reaction compensation claim.
The only requirement for this agreement is that you cooperate with us throughout the process and that you are honest with us at every stage.
To find out more, feel free to have a look at our funding section on our website.
Allergic Reaction Compensation
If you are asking yourself the question “can I sue for an allergic reaction?” you should first seek legal advice from regulated Solicitors like Beacon Law in order to ensure that you have a potential compensation claim. If we think your claim will be a success, we will offer to work for you on a no win, no fee basis.
Should you wish to speak to Beacon Law, we can assist you in assessing the merits of your claim so that you can progress with the case with minimal risk. If you decide to proceed with a food allergy claim, we will notify the Restaurant or Manufacturer of a claim being brought by you and the circumstances surrounding the claim.
When the claim is in process, and an agreement has been reached, we will assist you in obtaining all the evidence and information you need to strengthen your case. We will liaise and negotiate with the other party to ensure the maximum compensation you can recover. If negligence is proven for an allergic reaction, and the defendant accepts it, this will most certainly result in an early settlement with no Court proceedings.
If negligence is disputed or there was more than one person or parties involved, your allergic reaction claim will normally go before the Courts for a ruling by a Judge. The Judge will also decide on the amount of compensation awarded in the event of a successful prosecution.
For further information regarding the claims process, see here.
How Is My Allergic Reaction Compensation Calculated?
Your compensation award will be split into general damages and special damages.
General damages refers to the amount of compensation you will receive for your injury, i.e., your pain, suffering and loss of amenity. Each case is unique, as are all injuries, and therefore the value of your claim will be difficult to determine without knowing all the facts. The figure will be based on the type of injury sustained and the severity and impact the injury has had on your life, or the impact it may continue to have on your future.
Special damages refer to any additional financial losses you may have sustained as a direct result of the accident and can include:
- Travel and parking costs.
- Loss of earnings.
- Medication costs.
- Costs of any private treatment you may have required.
- Compensation for any additional care and assistance you required.
In most cases, you will be required to attend an appointment with an independent medical expert who will provide a medical report based on your reaction. Following the receipt of this medical report, we will be able to estimate the value of your injuries. We may also be able to arrange any further treatment for your injuries at this point if the expert states a requirement for this within the report.
Why Choose Beacon Law?
Beacon Law are one of the UK’s top law firms with many years of experience in dealing with allergy claims. We provide a team of highly qualified Personal Injury Solicitors and legal professionals with many years of personal injury experience. We offer a high level of service to all our clients and work hard to ensure you receive the highest level of allergic reaction compensation for your claim. Our personal injury lawyers specialise in no win, no fee Personal Injury claims with expertise in special damage injuries and all types of claims, including road traffic accidents, slips, trips, falls, criminal injuries, allergy negligence claims, medical negligence claims etc.
The Solicitors Regulation Authority regulates Beacon Law. To find out more about how we follow legal obligations and can help you get a successful compensation settlement and help you with your legal fees and your compensation calculator, look at our website’s funding section.
To find out more claims we have dealt with in the past, read our case studies, go to our Contact Us today to start your claim.