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Allergic Reaction After Eating At A Burger Restaurant

Did you know that if you were to suffer an allergic reaction after eating at a burger restaurant, and the event was the fault of the restaurant or one of its staff, you could have the basis of a personal injury claim?

This could be any kind of allergic reaction, such as a dairy allergic reaction triggered by being allergic to cheese for example. In this guide we will attempt to show you how in a number of different scenarios, you might be able to claim for the pain and suffering caused by an allergic reaction, that was caused by a third party.

If you have any specific questions that this guide does not answer, our claims team is available 24 hours a day, 365 days a year, to answer them for you.

Call us on 0800 073 8804, and one of our advisors will go through your claim with you, and tell you how we can best be of help.

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A Guide To Claims For An Allergic Reaction After Eating At A Burger Restaurant

Living with a food allergy can be challenging, having to always ensure that the food you order from a menu is safe for you to eat. Yet despite best efforts, a person with a food allergy might still be harmed due to the negligence of the restaurant or one of its staff. Therefore, within this guide, we will be covering instances whereby an allergic reaction may occur due to the negligence of others. To make it clear we are talking about people who may have allergies to ingredients that may be found in burgers not that they are allergic to food served in burger restaurants. We begin the guide with a general introduction and an explanation of what a claim based on an allergic reaction is.

Allergic reaction after eating at a burger restaurant claims guide

Allergic reaction after eating at a burger restaurant claims guide

The next part of this guide covers information related to food allergies and allergic reactions, their causes, and the responsibilities of burger restaurants in keeping you safe. We will go over the main allergens and triggers of allergic reactions, and also present some interesting statistics related to allergies. We will give information about the kinds of laws that are in place to protect you, and what the burger restaurant has to do to comply with these laws.

The last few sections of this guide move away from talking about allergies, to cover some of the financial aspects of the claims process. We have provided you with a table that contains examples ranges of compensation, for different severities of illness and injuries, that you can use to get a rough idea of how much you might receive in compensation if your claim is a success. We have also provided a list of the more commonly awarded kinds of damages you might receive if you win your claim. Finally, we explain the process of making a claim using a No Win No Fee Fee solicitor, and what the main advantages are of having your claim managed in such away.

Our claims team can answer any more questions you have, and also provide you with important information, such as which personal injury claims time limit will apply in your own situation. An advisor can also explain how we can provide you with a personal injury solicitor to process your claim for you. Give our team a call today on the telephone number at the bottom of this guide.

What Is An Allergic Reaction After Eating A Burger?

When we talk about an allergic reaction after eating at a burger restaurant, generally we mean an allergic reaction to an ingredient within the food you order not the food as a whole. For a successful allergic reaction claim to be made you would need to prove negligence on the part of the restaurant. For a claim to be possible, the harm you suffered needs to be attributed to the actions of a third party.

Allergic reactions can be triggered through negligence in a number of ways, for example:

  • You were given incorrect information about the allergen content of the food.
  • The service staff made a mistake and got your order wrong.
  • The cook/chef made a mistake and included an unlisted allergen into a dish when preparing it.

If you can prove that negligence was the cause of the allergic reaction you were forced to go through, you could have a potential claim. If you speak to one of our advisors they can explain more about this.

What Is Anaphylactic Shock?

The National Health Service (NHS) has published some good information about anaphylaxis. Anaphylaxis is an extreme reaction that could be triggered by an allergic reaction to certain ingredients. It could, in severe cases, be deadly. The main symptoms of anaphylaxis are:

  • Fainting or dizziness.
  • Having difficulty breathing.
  • Coughing or wheezing.
  • An increased heart rate.
  • Sweating and clamminess.
  • Becoming anxious or confused.
  • Falling unconscious.

Anyone displaying such symptoms needs to receive emergency medical treatment. Anaphylaxis is a serious medical condition that could kill you if you suffer from it. If you have been forced to go through anaphylaxis due to an allergic reaction caused by negligence at a burger restaurant, speak to our team to learn how we could help you make a claim.

What Are The Main Triggers Of Food Allergies?

According to the Food Standards Agency (FSA), there are 14 food allergens that must be communicated in some way with consumers if they are contained in foods. These allergens could include:

  • Celery,
  • Gluten,
  • Crustaceans.
  • Mustard,
  • Peanuts,
  • Sesame,
  • Soybeans,
  • Sulphur dioxide and sulphites
  • Eggs,
  • Fish,
  • Lupin,
  • Milk,
  • Molluscs,
  • Tree nuts.

As you can see, some very common everyday foods contain one or more of these main allergens. For people with food allergies, these goods present a risk. Even if you have no history of food allergies you can still suffer an allergic reaction, as new allergies can begin at any time during your life. In situations where a third party was responsible for causing the allergic reaction, we could be able to assist you in getting the compensation you may be eligible to. Call our team to proceed.

The Most Popular Burger And Fast Food Restaurants In The UK

Burgers of all kinds are a very popular form of food in the UK. Also, gourmet burgers have become increasingly popular in recent years. Popular burger restaurants in the UK are:

  1. McDonald’s
  2. Burger King
  3. Five Guys
  4. Wimpy
  5. Wendy’s

Of course, these are all large food chains. There are many small independent restaurants around the country that could be equally as popular.

The Best Or Most Popular Burgers

Above, we covered some popular burger restaurants. Now it is time to cover some of the popular burgers that people like to eat;

Cheese Burger

Bacon and Cheese Burger

Alumni Burger

Beef Burger

Ham Burger 

Statistics On Allergies And Food Allergies

According to Allergy UK, the following statistics relate to allergies. The UK has a huge number of allergy sufferers with prevalence rates of allergic illnesses.

  • 20% Of the UK population suffer from at least one allergy.
  • Up to 44% of all adults in the UK suffer from at least one allergy with the number of sufferers growing each year.
  • Allergic illness costs the NHS around 900 million a year.
  • 48% of the 44% of adults who suffer from at least one allergy suffers from more than one.
  • It is estimated 1-10 adults and children have some hypersensitivity to foods.
  • 7.1% Of breastfed infants may develop a food allergy in the UK.

How To Request Allergy Free Foods

Restaurants must communicate with consumers about the 14 main allergens that are included in any of their food. They can do so in varies ways. This is so that you can avoid triggering a food allergic reaction in a burger restaurant, by selecting dishes that are safe for you.

Sometimes, you may wish to try a dish that contains an allergen, and ask the serving staff to leave out that specific problem ingredient. The restaurant does not have to agree to do this, they can say no.

However, if the staff do agree to do this, then they must ensure that your instructions are carried out to the letter. Otherwise, this could result in you suffering an allergic reaction. If the restaurant staff agree to prepare a dish in a specific, safe way and then forget, we could possibly help you claim for the harm you have suffered.

Should Staff Follow My Allergy Requests?

As we have explained above, if the staff of a burger restaurant agree to prepare a dish in a specific way, that will remove an ingredient that you are allergic to, then they must ensure that they do so.

The chef needs to be informed of the requirements so that they can cook the dish in the correct way. A communications breakdown between the serving staff and the kitchen staff could result in you suffering an allergic reaction. In such a situation, we could provide you with a personal injury solicitor to process a claim for you.

Laws Protecting People Dining At A Restaurant

There are a number of bodies of legislation that apply to food safety and allergen content in the and these are:

  • Article 28 of EC Regulation 178/2002.
  • Article 14 of EC Regulation 178/2002.
  • Section 15 of The Food Safety Act 1990.
  • Section 14 of The Food Safety Act 1990.

These regulations are intended to ensure that you are kept safe from suffering illness due to unsafe foods. It places responsibilities on restaurant operators such as:

  • Ensuring that all food is labelled/marked with the allergen content.
  • Following best practices to avoid cross-contamination in a kitchen.
  • Showing where certain foods have originated from

Failure to comply with legislation can have serious repercussions on the food service business, which could in extreme cases, see them lose their trading licence.

Information Which Restaurants Need To Provide To Customers

Restaurants and any food service provider must follow requirements for informing you of the 14 main allergens that may be included within their foods;

  • Restaurants, cafes, fast-food outlets, etc. – can communicate allergen information on menus, using boards that are easily seeable to provide information on where allergen information can be found, staff can be asked and should be able to provide allergen information on request.
  • Pre-packed foods – allergen information should be provided on the packaging this can be done in bold writing that stands out to other ingredients.
  • Take away and food delivery services – these are classed as distance sellers. The outlet must inform you of the allergen content during the ordering process. Either in written form or directly from a member of service staff if you are phoning in an order.

If these laws are not followed, it could be classed as negligence. And if so, this negligence could be the basis of a compensation claim. If you reach out to our team, they will tell you how we can help you to do this.

How To Tell A Restaurant You Have An Allergy

If you are reading a burger allergy menu, which contains information about the allergen content of each type of burger, you may wish to tell the serving staff that you suffer from a food allergy, so they can help you make safe ordering choices.

However, you are under no obligation, legal or otherwise, to inform the serving staff that you have a food allergy. As we have already noted, it is a requirement that all allergen information be readily available to you, so that you can choose dishes that fit your dietary requirements.

Food Restaurant Allergy Damages Calculator

Depending on how severe your allergic reaction is, and the level of pain and suffering you undergo, the amount of compensation you receive will change. This table below was made based on the figures provided in the guidelines that are published in England by the Judicial College. You can use it to get a rough idea of the level of compensation that you might receive if your claim is a success.

Injury or Illness Possible Range of Compensation Se verity of Health Issue Further Information
Illness £860 to £3,710 Minor This would be a mild allergic reaction, with symptoms that are uncomfortable, but not necessarily painful. The symptom would dissipate quite quickly and would likely not need further treatment by a medical professional.
Illness £8,950 to £18,020 Serious This would be a serious, traumatic allergic reaction, that would result in severely painful and potentially lethal symptoms. Hospitalisation would likely occur, to stabilise the patient’s condition. Recovery could take up to a month, but there could be long-term, lingering symptoms that will affect the victim’s general level of health.
Illness £3,710 to £8,950 Moderate This would be a moderate allergic reaction, resulting in symptoms that are painful and/or uncomfortable. Initial treatment may take place at a hospital, but recovery should be quite rapid. There could be minor symptoms that linger for some time, potentially up to two years.
Illness £36,060 to £49,270 Severe This would be a severe allergic reaction, and the victim would need emergency medical treatment to stabilise them, with a risk of death if medical treatment is not received in time. Symptoms would be very painful and dilapidating, with long-term hospitalisation a possibility, and lingering symptoms lasting for up to two years.

You might also be able to find some kind of online personal injury claims calculator to do the same thing. If you need a more accurate estimate, based on the actual circumstances of your potential claim, then please give our advisors a call today. When you do, one of them can begin arranging for a solicitor to evaluate your claim for you, and tell you how much you could be able to claim for.

What Are Special Damages And How Are They Awarded?

When personal injury claims are a success, the claimant (you) will receive a settlement that is made of potentially many kinds of damages, depending on the unique circumstances of the claim. General damages are a group of associated damages that cover both physical and psychological harm and suffering. The level of suffering drives the amount of compensation awarded, as does the effect of any long-term symptoms on your quality of life. As examples:

  • Long-term symptoms lowering your life quality.
  • Psychological damage.
  • The pain of your symptoms.
  • The shock and trauma of suffering an allergic reaction in a public place.

Special damages are a range of damages that each relates to some kind of loss that isn’t physical or psychological, such as financial loss. If you do intend to claim for financial losses, either already incurred or that you will incur in the future, you will need to provide documented evidence to support your claim. These kinds of damages could include:

  • Lowered lifetime earnings due to reduced working capacity.
  • Losing out on wages/salary.
  • The cost of private medical care.
  • In-home care costs.
  • Ad-hoc expenses such as travel tickets.

If you want to learn the kinds of damages that you might be able to make a claim for, please call our team today.

No Win No Fee Claims For An Allergic Reaction After Eating At A Burger Restaurant

Using a No Win No Fee solicitor means you don’t pay any solicitors fees until the claim has been won. No new claims fee, no ongoing fees across the lifetime of the claim, and no fee to your solicitor if the claim is lost.

When the claim is won, you will be asked to pay your solicitor a small success fee. This is legally capped. It can be taken directly from any compensation payment received on your behalf.

Contact Our Allergy Claims Team

Have you suffered from an allergic reaction after eating at a burger restaurant due to negligence? If so, then we could help you get the compensation you are entitled to. Please contact our claims team on 0800 073 8804 to learn more.

Useful Information And Sites

Check these other web pages for some relevant information:

Allergy Symptoms

The 14 Allergens

The Anaphylaxis Campaign

Also, these other pages on our site could be of use:

Suing A Restaurant For An Allergic Reaction

Making A Food Allergy Claim

Claiming Against Burger King

Guide By Wheeler

Edited By Melissa.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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