Allergic Reaction After Eating At Hard Rock Cafe – Can I Claim Compensation?

Have you suffered an allergic reaction after eating food purchased at a branch of the Hard Rock Cafe? If you did and it was because the restaurant breached its duty of care and you can prove this was the case, you could be eligible to claim Hard Rock Cafe compensation for your injuries.

Call Legal Expert today on 0800 073 8804 to see if you can claim compensation. We offer a free accident claims consultation to anyone looking to make an accident and injury claim and will be happy to speak to you in-depth, answering any questions you may have. If we believe that you could be paid compensation by Hard Rock Cafe, you will be provided with a knowledgeable solicitor to handle your claim. Call us today or use our personal injury claims form to tell us about your ordeal. Our team is looking forward to speaking with you.

Select A Section

• A Guide To Claims For An Allergic Reaction After At The Hard Rock Cafe
• What Is An Allergic Reaction To Hard Rock Cafe Foods?
• Examples Of Intolerances And Allergies
• Statistics On Exposure To Food Allergens
• I Requested An Allergen To Be Excluded From My Food
• Staff Ignored My Request To Exclude An Allergen
• What rights Do Diners Have Under The Consumer Rights Act?
• Hard Rock Cafe Allergy Menu
• Calculating Compensation For Allergic Reactions To Hard Rock Cafe Foods
• Special Damages Which Allergy Victims Could Claim
• How You Could Claim Damages For Experiencing Allergic Reactions
• No Win No Fee Claims For An Allergic Reaction After Eating A Hard Rock Cafe
• Speak To A Solicitor About Claiming For An Allergy
• Resources

A Guide To Claims For An Allergic Reaction After At The Hard Rock Cafe

The Hard Rock Cafe is a chain of restaurants which is known for having music memorabilia decorating its walls. It was founded in 1971 by Peter Morton and Isaac Tigrett in London. The chain is now owned by the Seminole Tribe of Florida, which currently has its corporate offices in Davie, Florida. Today there are branches of the Hard Rock Cafe operating in 74 countries around the world, including 185 cafes, 12 casinos and 25 hotels.

In this allergy claims guide, we will explain what food allergies are and how an allergic reaction is caused. We will also look at how cafes and restaurants owe a duty of care towards customers with food allergies to help them manage their condition. Finally, we will advise you on how to claim restaurant accident compensation for the injuries caused by your allergic reaction.

To start your Hard Rock Cafe compensation claim today, give Legal Expert a call for your free personal injury claims consultation. We will speak to you in-depth about your ordeal and if we believe that you have legitimate grounds to claim compensation, we will assign a No Win No Fee solicitor to handle your restaurant claim.

What Is An Allergic Reaction To Hard Rock Cafe Foods?

A food allergy in the Hard Rock Cafe is when a diner, who suffers from a food allergy, eats food that they are allergic to and suffers a reaction as a result. Although individuals who suffer from allergies are responsible for managing their condition, food providers such as cafes and restaurants have to cooperate with their customers’ dietary requests and provide them with allergy information to help them make safe and informed choices. If they fail to do so and somebody suffers harm, they could be held liable for the injuries and may have to pay them compensation, provided it can be shown that the restaurant breached its duty of care.

What Are Intolerances And Allergies

A food intolerance means that a person’s digestive system has problems handling types of food, such as gluten. As a result, the person with the food intolerance can experience uncomfortable or even painful symptoms such as bloating, stomach pains and diarrhoea. Food intolerances can be incredibly unpleasant to deal with but thankfully are not life-threatening.

A food allergy is a medical condition where a person’s immune system mistakes proteins found in food as a threat. As a result, the immune system fights the perceived threat, which triggers the reaction. 

Most allergy sufferers will experience mild to moderate symptoms when they have an allergic reaction. Examples of symptoms that can be experienced when a person suffers a mild to moderate allergic reaction to food include urticaria (also known as hives), an itching sensation in the throat, mouth and ears, diarrhoea and/or vomiting, and angioedema, which is when the person’s face swells up. This can often happen at the roof of the mouth, larynx, around the eyes and lips.

Unfortunately, around 1 in 1,000 members of the UK population suffer from a type of severe allergic reaction called anaphylaxis, or anaphylactic shock. Anaphylaxis can be experienced by people with food allergies, as well as people who suffer other types of allergies such as bee stings. Anaphylaxis is potentially life-threatening, so if you or someone else is showing symptoms of anaphylaxis, dial 999 immediately for an ambulance. This NHS guide to anaphylactic shocks also has advice on how to help a person who is suffering from an anaphylactic shock. Following these instructions could help keep the person alive long enough for the ambulance to arrive and treat them.

Symptoms of an anaphylactic shock can be the following:

• The symptoms of a mild to moderate allergic reaction to food
• Trouble breathing (for example their breathing may become quick or shallow)
• Wheezing
• The skin feels clammy to the touch
• Collapsing or losing consciousness (in some instances the person may slip into a coma, from which they may never wake up).

Examples Of Intolerances And Allergies

People can suffer allergies to all types of foods. However, some common food allergies include:

• Allergies to nuts
• Allergies to eggs
• Allergies to milk
• Allergies to dairy products
• Allergies to wheat
• Allergies to soy
• Allergies to fruit
• Allergies to cereal
• Allergies to gluten
• Allergies to seafoods
• Allergies to celery
• Allergies to fish
• Allergies to seafood
• Allergies to lupin
• Allergies to mustard

Statistics On Exposure To Food Allergens

The charity Allergy UK supports people who experience allergies, including food allergies. The charity also provides useful information to help us understand how allergies affect the lives of people living in the UK and abroad.

• The prevalence of people who have allergies in each country is not the same around the globe. In fact, the rate of allergy sufferers in a population varies from 10-40% country to country.
• The UK has a relatively high rate of allergy sufferers. 20% of the population suffer from one or more allergy.
• Unfortunately, allergies do not just affect people physically. In Europe, 20% of allergy sufferers say that they live with fear and anxiety on a daily basis of suffering a severe asthma attack, an anaphylactic shock, or dying because of an allergic reaction.

You can find out more about how allergies affect people’s lives around the world on the Allergy UK website.

I Requested An Allergen To Be Excluded From My Food

If you have an allergy to a particular type of food, restaurants and cafes should cooperate with you if you make a request. However, they can refuse to do so if it’s not possible. For example, if you inform your server that you are allergic to a certain ingredient and request the ingredient is removed from your food, the restaurant may comply if possible. For instance, you may request not to have any relish containing tomatoes put on your burger if you are allergic to tomatoes.

Here are some examples of foods you may request to have removed from your food:

• Cheese, milk and other dairy products
• Eggs
• Wheat and oats
• Fish and seafood
• Nuts

What happens if you order something off the menu that is prepackaged or pre-prepared so the allergen cannot be removed? If you have informed the server that you suffer from a food allergy when eating out at a restaurant, but you unknowingly order something that contains the ingredients that you are allergic to, your server must warn you that the food is not suitable for you. If they do not, this could be judged as “failure to warn”.

Staff Ignored My Request To Exclude An Allergen

As set out in the Occupiers’ Liability Act 1957, businesses like restaurants have a responsibility for the health and safety of their clients. Therefore if a customer suffers an injury because of negligence on the part of a restaurant, the establishment could be held responsible for their injuries.

The following errors could be judged as acts of negligence on the part of the Hard Rock Cafe:

• Staff ignoring a request to remove an ingredient from a customer’s food, when requested.
• Staff not warning a customer that the food they have ordered contains ingredients that they are allergic to.

If you have experienced a Hard Rock Cafe allergy reaction due to any of the acts of negligence that we have described above, you could be eligible to claim allergic reaction compensation for your injuries if you can prove the restaurant breached its duty of care. Contact us today to learn more.

What rights Do Diners Have Under The Consumer Rights Act?

People who suffer from food allergies often worry that meals they have not prepared themselves may contain ingredients that are not supposed to be included. The Consumer Protection Act 1987, which states that if a product is faulty, resulting in a customer becoming injured, the manufacturer could be held liable. 

Therefore if there is an unintended presence of an ingredient in your meal, causing you to suffer a food allergy reaction in Hard Rock Cafe, provided it can be shown the restaurant breached its duty of care, it could be held liable for your injuries 

Failure To Include Food Allergy Warnings Or Labels

Can you make a claim for an allergic reaction after eating at Hard Rock Cafe if there were no food allergy warning labels? According to European Union directives that at the time of writing are upheld in the UK, there are 14 ingredients that can cause allergic reactions, which must be labelled. 

Restaurants, food shops, takeaway shops and cafeterias must provide information on their menu, for example on the Hard Rock cafe allergen menu, or food allergy warning labels on packages. If there was not a clear written warning or clear allergy information, and you suffered an allergic reaction to Hard Rock Cafe food, this may be judged as negligence on the part of the business. Therefore, you could be eligible to claim compensation from Hard Rock Cafe for your allergic reaction as long as you can prove that the restaurant failed in this regard. Call Legal Expert for more information on how to claim.

Hard Rock Cafe Allergen Menu

Is there a Hard Rock Cafe allergy menu? Yes, information and a Hard Rock Cafe allergen list can be found on their website.

Below is a sample of the Hard Rock Cafe’s current menu. The Hard Rock Cafe may currently be running a reduced menu due to the Covid-19 crisis.

• BBQ Cheeseburger
• The Big Cheeseburger
• Double Decker Cheeseburger
• The Impossible Burger
• Moving Mountains Burger
• Steak Salad
• BBQ Pulled Pork Sandwich
• Grilled Chicken Caesar Salad
• Grilled Chicken Sandwich
• Baby Back Ribs
• New York Strip Steak
• Twisted Mac, Chicken & Cheese
• Smokehouse BBQ Combo
• Grilled Norwegian Salmon
• Tupelo Chicken Tenders
• One Night In Bangkok Spicy Shrimp
• Classic Nachos
• Wings
• All-American Sliders

Dessert

• Hot Fudge Brownie
• New York Cheesecake

Calculating Compensation For Allergic Reactions To Hard Rock Cafe Foods

You may be curious to know how much your potential personal injury claim could be worth. Our accident claims calculator can be used to estimate the value of your claim. This table is based on Judicial College guidelines. (Claims calculator excludes special damages).

Of course, every compensation claim is different. So to get an accurate estimation of how much restaurant injury compensation you could be eligible to claim, call us today to speak to a personal injury claims advisor.

Special Damages Which Allergy Victims Could Claim

If your claim for a food allergy injury at Hard Rock Cafe UK is successful, you will receive a settlement package for the effects of your injuries. This is known as general damages. 

You will also be able to claim special damages, which function to pay you back any expenses that you have incurred due to your restaurant allergic reaction. This can include funds for any medicine or medical treatment you may need, care expenses, loss of earnings (reimbursement for any salary payments you have lost), and travel expenses. You can also claim for any future expenses you may have relating to your injuries, such as medical expenses for future treatment at a food allergen centre.

How You Could Claim Damages For Experiencing Allergic Reactions

If you have experienced an allergic reaction after eating at Hard Rock Cafe because of negligence on the part of the business, you could be eligible to for compensation if you can show the restaurant was at fault. Legal Expert can provide you with a No Win No Fee solicitor to handle your compensation claim. What are the advantages of trusting Legal Expert to support your claim?

• We pride ourselves on our professional service. Just read our online reviews to see for yourself.
• Our solicitors are vastly experienced at handling accident and injury claims.
• You will get the option to have your claim handled as a No Win No Fee case.
• A promise your claim will be valued accurately and we will push to make sure you win as much compensation as you are owed.

No Win No Fee Claims For An Allergic Reaction After Eating A Hard Rock Cafe

Should you experience an allergic reaction after eating at Hard Rock Cafe, you can pursue a case on a No Win No Fee basis with our solicitors, provided it has reasonable prospects of success.

With a No Win No Fee compensation claim, you will not be required to pay an upfront solicitors fee, any ongoing fees, and if the claim fails you won’t be obligated to pay any fees your solicitor has incurred in making your case. This makes it more affordable. 

If the claim is a success, your solicitor will deduct what’s called a success fee from your allergic reaction compensation payout at a legally capped rate. Because you will only pay your solicitors fee if you win your claim, there is less of a gamble with your finances when you make a No Win No Fee claim.

To begin your No Win No Fee claim for an allergic reaction in a restaurant, call Legal Expert today to speak to a compensation claims advisor.

Speak To A Solicitor About Claiming For An Allergy

To begin your claim for an allergic reaction at Hard Rock Cafe, call Legal Expert’s claims hotline on 0800 073 8804 for your free consultation.

Alternatively, why not drop us a message through our claims form to reach us? If we believe that you are owed compensation for an allergic reaction, a solicitor will start work on your lawsuit against Hard Rock Cafe.

Resources

Thank you for reading our guide to the services we offer if you’ve suffered an allergic reaction after eating at the Hard Rock Cafe. Below, you can find some more resources you may find useful.

How Much Compensation Can I Claim For An Accident In A Restaurant?

How To Sue A Restaurant For An Allergy In The UK

How Much Compensation Can I Claim For A Pub Or Bar Accident?

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Guide by Chelache

Edited by Billing