Allergic Reaction After Eating At Bella Italia – Can I Claim Compensation?
If you suffer from a food allergy and you decide to dine out, you’re probably very cautious about choosing items from a menu. To make that process easier, there are laws in place which mean the restaurant should clearly indicate that an allergen is present in their food or if there’s the potential for cross-contamination. If they don’t, and you go on to suffer from an allergic reaction, you could make a compensation claim against the responsible party.
In this guide, we’re going to look at when you could claim for an allergic reaction after eating at Bella Italia. We’ll look at their responsibilities, the types of negligence that could cause you to suffer and how much compensation you could receive.
Legal Expert offers a no-obligation assessment of any claim along with free legal advice. If your case has a fair chance of success, then your advisor could connect you with one of our specialist solicitors. If they decide to handle your claim, then it will be on a No Win No Fee basis.
Please call us on 0800 073 8804 to discuss your claim today. Alternatively, continue reading to find out more regarding claiming for a food allergy in Bella Italia.
Select A Section
- What Is A Food Allergy In Bella Italia?
- Which Food Allergies Could You Have?
- Statistics On The Prevalence Of Food Allergies
- Bella Italia Staff Ignored A Request To Not Serve An Allergen
- Restaurant Customer Rights Under The Consumer Rights Act
- How To Claim If You Did Not Tell Bella Italia You Have An Allergy
- Bella Italia Allergy Menu And Information
- Calculating Damages For An Allergic Reaction After Eating At Bella Italia
- Could Special Damages Also Be Claimed?
- How Do I Claim Damages For An Allergic Reaction At A Restaurant?
- No Win No Fee Claims If You Suffered An Allergic Reaction After Eating At Bella Italia
- Talk To Us About Claiming For An Allergic Reaction
- Resources To Support This Guide
What Is A Food Allergy In Bella Italia?
This guide is about claiming for an allergic reaction after eating in Bella Italia. However, the guidance we provide could be applied to most restaurants and cafes. Just because you had an allergic reaction to Bella Italia food, it doesn’t automatically mean you’ll receive compensation.
For that to happen, you’ll need to show that the company was negligent in some way. Therefore, this guide will explain what responsibility restaurants have to try and protect their customers.
If you’ve suffered a reaction to Bella Italia food and believe it was the company’s fault, please speak to an advisor for a no-obligation assessment of your case.
What Are Food Allergies And Their Symptoms?
You might be surprised to know that allergic reactions to food happen when your body mistakenly thinks an ingredient is bad for you. The response is for the immune system to release antibodies to protect you. It’s these antibodies which cause the symptoms of an allergic reaction.
Common symptoms include:
- Hives (a raised red rash).
- Difficulty swallowing.
- Nausea or vomiting.
- Swelling in the throat, mouth or around the face.
Many symptoms are minor and lead to little more than discomfort which the sufferer will recover from in hours or days. However, in more serious cases, if not treated as a medical emergency, an allergic reaction can lead to anaphylaxis which can be fatal in some cases.
Which Food Allergies Could You Have?
Within this guide, we’ll look at how allergic reactions could be caused when consuming food purchases. We’ll look at when a restaurant might be liable for the suffering and different negligent acts that could cause an allergic reaction. Before we do, it’s important to provide a comprehensive list of allergens here:
- Lupin allergy
- Mustard allergy
- Egg allergy
- Milk allergy
- Dairy allergy
- Sulphur dioxide allergy
- Soy allergy
- Nut allergy
- Fruit allergy
- Gluten allergy
- Seafood allergy
- Fish allergy
- Shellfish allergy
- Wheat allergy
- Celery allergy
While some allergies, such as nut allergies, are more common than others, you could make a compensation claim for an allergic reaction after eating at Bella Italia caused by any of the things listed here, provided you can show that it was caused by their negligence. To begin your claim today, please speak with one of our specialist advisors.
Statistics On The Prevalence Of Food Allergies
Many of us are unaware of how many people suffer from allergies in the UK. If you’re not affected by allergic reactions or don’t know someone who is, you might not realise how their lives are affected by their condition.
To show the extent of suffering caused by allergies, we’ve included some statistics from Allergy UK, a charity that aims to support those affected.
- A massive 44% of British adults suffer from allergies and that figure is rising. Of those, nearly half (48%) are allergic to at least two allergens.
- Overall, 20% of the population is affected by allergic disorders.
- In the 20-year period leading up to 2012, the number of hospital admissions caused by anaphylaxis increased by a staggering 615%.
It’s important to note that not all allergies covered by these statistics are related to food allergies.
Bella Italia Staff Ignored A Request To Not Serve An Allergen
When you order food in a restaurant, you might decide to ask for a particular ingredient to be removed from the dish. That could be due to the fact you don’t like the taste of the ingredient or because you’re allergic to it. Whatever the reason, if the staff agree to your request, but the ingredient is still included, the restaurant could be found liable for any suffering caused by a subsequent allergic reaction.
Here is a list of some requests you might make to the restaurant:
- No Nuts
- No Tomatoes
- No Milk
- No Wheat
- No Oats
- No Fish
- No Cheese
- No Eggs
Of course, the restaurant might not be able to fulfil your request and ask you to choose another item, which is fine. However, if your order is incorrect and you suffer a reaction as a result, we could help you claim.
To support your claim, you could use a receipt which contains instructions to the chef such as “No tomatoes” or provide the details of any witnesses who heard your conversation with the waiting staff. For free claims advice, please call an advisor and let them know what happened.
How Restaurants Could Expose People To Allergens
As well as providing allergen information on food packaging, there are other forms of negligence that could make a restaurant liable for suffering caused by an allergic reaction:
- If the food includes ingredients that are not part of the recipe advertised.
- Where staff have not displayed allergen information prominently in the restaurant.
- If safety procedures have not been adhered to and lead to cross-contamination.
If you believe that you’re entitled to claim because a restaurant has caused your allergic reaction because they were negligent, please contact Legal Expert to start your claim today.
Restaurant Customer Rights Under The Consumer Rights Act
When you purchase any product or service in the UK, it should be as described and fit for purpose. Most of your rights regarding purchases come from the Consumer Rights Act 2015. You could be able to claim if you suffer an allergic reaction if the product you purchase contained an allergen that wasn’t listed in the ingredients, on a menu or on the packaging. That could mean the product wasn’t ‘as described’.
Negligent Failings To Provide Allergy Warnings
Restaurants, cafes, bars, and food producers are all supposed to display information regarding food allergens by law. The Food Standards Agency lists 14 different allergens which must be highlighted so that customers can make informed choices.
For food packaging, the allergen must be highlighted in the ingredients. This should either be in bold font, underlined or capitalised to make the allergen stand out. In restaurants, allergen advice should be on menus or a prominent sign should tell customers where they can find the guidance they need. If a restaurant hasn’t clearly identified an allergen, causing you to suffer an allergic reaction, you could be entitled to claim against them if you can prove their failings. Please call today to discuss how we could help you claim.
How To Claim If You Did Not Tell Bella Italia You Have An Allergy
If you suffer from any form of allergen, you might think you need to inform anybody who you purchase food from. However, that’s not the case. The onus is on the business owner to clearly indicate any allergen that is present in their food. As discussed already, that means highlighting allergens on menus, packaging, websites and inside the restaurant.
Therefore, even when you’ve informed staff of your allergy, you could still claim compensation if the regulations have been breached and you suffer an allergic reaction. Contact our team today for free legal advice on claiming.
Bella Italia Allergy Menu And Information
For your information, we’ve listed the current items on the Bella Italia restaurant menu below. This information was correct at the time of writing, but menus can change and items might not be available at all restaurants. Also, due to COVID-19, some restaurants have reduced the number of menu options to help reduce the number of staff in kitchens.
- Sicilian Olives
- Garlic Dough Bites
- Hand-Stretched Flatbread
- Funghi Arrosto
- Minestrone Soup
- Cacio E Pepe
- Funghi Crema Gnocchetti
- Polpette Americano
- Gamberoni Picante
- Pollo Alla Crema
- Marco Polo
- Pollo Pesto
- Traditional Lasagne
- Margherita / Queen Margherita
- Pollo Vesuvio
- Pepperoni Piccante
- Calzone Carne
- Salmone Al Forno
- Insalata Caesar
- Insalata Giardiniera
- Insalata Caprese
- Mixed Salad
- Sweet Potato Fries
- Chocolate Brownie
- Cookie Dough Al Forno
- Apricot Cheesecake
Calculating Damages For An Allergic Reaction After Eating At Bella Italia
Now that we’ve considered when you could be eligible to claim for an allergic reaction after eating at Bella Italia, let’s review how much compensation might be paid.
We’ve not included a personal injury claims calculator here as every claimant is affected differently. Instead, we’ve used the table below to show some compensation amounts paid for allergic reactions. The figures have been taken from the Judicial College Guidelines, a document used by those in the legal system to value cases. When you speak with a solicitor, they’ll be able to provide you with a personalised compensation figure once they’ve assessed your claim fully.
Type of Claim Compensation Range Further Notes
Allergic Reaction £36,060 to £49,270 This bracket covers allergic reactions which are classed as severe and which cause a stay in hospital. There will be a significant effect on the calimant's ability to work and enjoy life.
Allergic Reaction £8,950 to £18,020 This bracket covers allergic reactions which are significant but short-lived. Residual symptoms that may continue for some time and if that's the case could lead to a larger settlement.
Allergic Reaction £3,710 to £8,950 This bracket covers allergic reactions which cause some discomfort and could require hospitalisation. Symptoms could remain for a few weeks and full recovery could take as long as a year or two.
Allergic Reaction From around £860 to £3,710 This bracket covers allergic reactions that are classed as slight. It will only take a few days, possibly weeks, for full recovery.
You’ll probably have noticed that compensation is awarded based on how serious your allergic reaction was. Therefore, to help prove the extent of your suffering, your solicitor will arrange a local medical assessment as part of the claims process. A medical specialist will review your medical records and ask some questions about how you’ve been affected. They’ll then write a report to show:
- What injuries and suffering were caused by your reaction.
- How you’ve been affected during recovery.
- If any permanent or long-term symptoms will exist.
Could Special Damages Also Be Claimed?
Personal injury claims are made up of two different ‘heads of loss’. These are called special damages and general damages. General damages are awarded as compensation for the pain and suffering you incurred because of your allergic reaction. In the previous part of this guide, we provided a table that contained general damages figures.
Special damages are different because they’re awarded to cover any expenses you’ve incurred as a result of your illness or injuries. There are different parts to a special damages claim which can include:
- Medical Costs.
You’ll normally receive treatment on the NHS for free. However, you might be left out of pocket because of prescription fees, over the counter medication costs or the cost of treatment not available on the NHS. Therefore, you could claim back this money.
- Travel Expenses.
You may need to travel, on multiple occasions, to a doctor’s surgery, hospital or pharmacy while you’re recovering. Therefore, the cost of fuel and parking fees could be claimed back.
- Care Costs.
While you’re recuperating, you may need the assistance of a friend or possibly a professional carer. If that’s true you could ask for any fees or the time of your carer to be compensated for.
- Lost Earnings.
If you’re unable to attend work while you’re recovering or need to take time off for a medical appointment, you might lose some of your income. If that happens, you could be eligible to claim for the lost income.
- Future Lost Income.
Finally, if your injuries cause a long-term effect on your ability to carry on working, you could also ask to be paid your future lost earnings.
When your case is reviewed, your solicitor will consider any costs you’ve incurred to see if you can include them in your claim.
How Do I Claim Damages For An Allergic Reaction At A Restaurant?
When you’re ready to begin your claim, the easy way to start is to call Legal Expert. The service we offer includes:
- Free advice about your claim along with a free consultation.
- A 24-7 claims line.
- A team of solicitor’s who have decades of experience making personal injury claims.
- Regular updates throughout the case.
- A commitment that your solicitor will try to ensure that you get the maximum amount of compensation possible.
For further information on how we can help, please call an advisor today.
No Win No Fee Claims If You Suffered An Allergic Reaction After Eating At Bella Italia
It’s common for claimants to be concerned about the cost of hiring a personal injury lawyer to represent you. You needn’t worry though as our solicitors operate on a No Win No Fee basis for any claim they work on. Claiming in that manner not only reduces your financial risk, it also makes the process a lot less stressful.
When the solicitor has discussed your claim with you, they’ll prepare a Conditional Fee Agreement (CFA). The CFA will be used to fund your claim if both parties are happy to continue.
Using a CFA has several important benefits:
- There are no charges or fees to pay upfront which allows your claim to begin quickly.
- You won’t be asked to cover any solicitor’s fees while the claim is ongoing.
- If the case is lost, you aren’t liable for any solicitor’s fees whatsoever.
To cover your solicitor’s time, costs and effort, they’ll retain a small portion of your compensation if the case is won. This form of payment is called a success fee. There’s no need to be concerned though as success fees are legally capped. You’ll be able to check what success fee you’ll pay as it will be listed in the CFA that you sign.
If you would like us to check your eligibility to claim using a No Win No Fee agreement, please call today.
Talk To Us About Claiming For An Allergic Reaction
We’ve now covered all of the information about claiming for an allergic reaction after eating at Bella Italia. Hopefully, the information has helped you decide whether you’ll make a claim. If it has, Legal Expert can support you through the claims process. Here is how you can reach out to us:
- Speak with a friendly advisor by calling us on 0800 073 8804
- Send a brief explanation of your case to email@example.com.
- Ask any questions you might have using our live chat tool.
- Request that we call you back at a suitable time by filling in this online form.
To begin your claim, an advisor will carry out a no-obligation consultation. They’ll find out what happened, who was to blame and what injuries you sustained. Then, if they think your case has a reasonable chance of winning, they’ll refer you to one of our personal injury lawyers. If they offer to take your claim forward, they’ll work on a No Win No Fee basis for you.
Resources To Support This Guide
You’ve now arrived in the final section of this guide about claiming for an allergic reaction after eating in Bella Italia. To provide you with additional advice that might help you begin your claim, we’ve added some additional guides, links and resources. Please feel free to reach out to us if there’s any further guidance you need.
The Food Standards Agency – The government department who enforce food laws in England, Wales and Northern Ireland.
Intolerance To Food – Information regarding food intolerances from the NHS.
Food Standards Act 1999 – The act which gives powers to the FSA to monitor and enforce food-related legislation.
Restaurant Accident Claims – Information on making a claim for injuries sustained in a restaurant accident.
Food Allergy Claims – This guide provides different scenarios where you could seek compensation for an allergic reaction.
Burn Injuries – Advice on when you could make a personal injury claim when you were burned due to somebody else’s negligence.
Guide by Hambridge
Edited by Billing