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Allergic Reaction After Eating At Krispy Kreme – Can I Claim Compensation?

If you have suffered an allergic reaction to Krispy Kreme doughnuts, or other items on their menu, you may be entitled to claim compensation for your injuries if it can be shown that the outlet breached their duty of care. If you suffer from a food allergy such as a wheat allergy or a nut allergy, you are responsible for managing your allergy. However, if you ate at Krispy Kreme and were misinformed about the contents of your food, or staff ignored a request to remove an ingredient that they’d agreed to, you may be eligible to claim compensation provided it can be proven that staff were at fault and you suffered harm as a result.

Allergic reaction after eating Krispy Kreme claims guide

If you wish to claim compensation for an allergic reaction to Krispy Kreme, Legal Expert can provide you with an experienced personal injury solicitor to handle your claim. What are the advantages of letting us handle your claim?

  • Your solicitor will value your claim correctly and will negotiate with Krispy Kreme or their representatives to win you the maximum amount of compensation you could be owed.
  • Our solicitors have decades of experience handling claims against fast-food restaurants, so your case will be in safe hands.
  • You will have the option to have your claim handled on a No Win No Fee basis, so we will take on the financial risk instead of you.

To begin your personal injury claim against Krispy Kreme, call Legal Expert today on 0800 073 8804 to speak to an advisor. Alternatively, use our online claims form to contact us in writing. If we can see that you are owed compensation, we will provide you with a No Win No Fee solicitor who will set to work on your case as soon as possible.

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A Guide To Claims For An Allergic Reaction After Eating

Krispy Kreme is a US-based donut company and coffeehouse chain, owned by the JAB Holding Company. Krispy Kreme donuts are available in their coffee houses as well as in supermarkets and other retail outlets. In the UK, there are 130 Krispy Kreme coffee shops and concession stands, and Krispy Kreme donuts are available in an additional 1,000 retail stores.

In this guide to claiming compensation for an allergy at Krispy Kreme UK, we will explain what a food allergy is and how food providers, such as takeaway shops and restaurants, are supposed to protect their customers from allergic reactions to their products. We will also look at how to make a compensation claim for a food allergy reaction in Krispy Kreme.

If you wish to make a personal injury claim for an allergic reaction, but still have lingering questions, you can call us today. Legal Expert offers a free consultation to anyone looking to make a compensation claim and we will be happy to offer you legal advice. Alternatively, use our online claims form to contact us.

What Are Allergies And Is Krispy Kreme Safe For Allergies?

Krispy Kreme is known for its range of donuts, which come with a variety of toppings and fillings. Whether you have suffered an allergic reaction after eating at a Krispy Kreme coffee shop, an allergic reaction to a coffee or another hot beverage purchased at Krispy Kreme, or an allergic reaction to a takeaway donut, you may be able to claim compensation for your injuries if it can be clearly shown that Krispy Kreme was at fault for your injuries. If you have suffered an allergic reaction to Krispy Kreme donuts that you bought in a shop because the company did not provide adequate Krispy Kreme donuts allergy info on the box or packaging and you can prove that this was the case, you may also be eligible to claim compensation.

What Allergic Reactions Could People Suffer

A food allergen is an otherwise harmless type of food that causes allergic reactions in a small number of people. This is because the body’s immune system mistakes proteins in a type of food, such as gluten or a peanut, as a threat. In response, the immune system fights the threat. This, in turn, creates a harmful response.

Symptoms of a mild to moderate allergic reaction can include the following:

  • A red itchy rash such as urticaria or hives.
  • Vomiting or diarrhoea.
  • Itching in the throat, mouth or ears.
  • Swelling of the face known as angioedema. Angioedema can affect the tongue, lips and around the eyes.

Approximately 1 in 1000 members of the general population of the UK suffer from a severe food allergy. This means that when they consume foods that they are allergic to, they experience the more moderate symptoms of an allergic reaction, as well as a condition called anaphylaxis. This is also known as an anaphylactic shock. 

Anaphylaxis is a medical emergency which can result in the sufferer dying, or being in a coma that could be long-lasting. Therefore if you or another person is experiencing an anaphylaxis reaction, dial 999 immediately for an ambulance. This NHS guide to anaphylactic shocks has information about how to help someone with anaphylaxis in an emergency situation.

Symptoms of anaphylaxis include the following:

  • An increased heart rate
  • The skin becomes clammy to touch
  • The ill person becomes anxious, disorientated and/or appears confused
  • Wheezing and trouble breathing
  • Dizziness
  • Collapsing and loss of consciousness.

Foods And Ingredients Causing Allergic Reactions

Here are some common types of food allergies:

  • Nut allergies
  • Egg allergy
  • Milk allergy
  • Dairy allergy
  • Wheat allergy
  • Soy allergy
  • Fruit allergy
  • Cereal allergy
  • Gluten allergy
  • Celery allergy
  • Seafood allergy
  • Fish allergy
  • Lupin allergy
  • Mustard allergy
  • Shellfish allergy
  • Sulphur dioxide allergies

This NHS guide to food allergies has more information about the causes and symptoms of food allergies and how they can be managed.

Food Allergy Prevalence And Statistics

AllergyUK is the UK’s largest charity that provides support for people who suffer from allergies. Here is some useful data on the prevalence of food allergies in the UK:

  • If we compare the countries of the world, the prevalence of allergies amongst the population varies wildly. The prevalence of allergy sufferers per country ranges from 10% to 40% of the population.
  • The UK has a high prevalence of allergy sufferers amongst its population. In fact, 21 million people in the UK suffer from one or more allergic diseases.
  • Unfortunately, in the two decades spanning 1992 to 2012, the number of people admitted to hospital for an anaphylactic shock increased by 615%.

You can read more about the effects of allergies, including food allergies on the general population at AllergyUK’s website.

I Requested A Food I Am Allergic To To Be Left Out

If you inform your server at a cafe or restaurant that you have a food allergy and request that they leave out an ingredient, they can comply if possible, though they can also refuse. If they do agree and fail to do so or fail to advise that the request cannot be met, and you suffer an allergic reaction as a result, the business could be held liable for your injuries. 

At Krispy Kreme’s coffee houses, the drinks are assembled onsite. Therefore if you have a dairy allergy, you may request for your drink to be made with soya milk, rather than dairy milk. The donuts are premade, so the staff cannot remove an ingredient for you. However, they can warn you that an item is not suitable for you, or provide you with information such as a Krispy Kreme allergy chart. They can also refer you to the Krispy Kreme allergy menu and recommend food that is suitable for someone who suffers from your allergies. 

If you explain that you suffer an allergy and the Krispy Kreme staff do not warn you that the food that you are ordering is not suitable for you, this could be deemed a “failure to warn”.

Customers may make the following requests:

  • No Eggs
  • No Wheat
  • No Oats
  • No Milk
  • No Nuts

My Request For This Allergen To Be Removed Was Ignored

What happens if you request the removal of an ingredient that you are allergic to and staff agree to it but ignore your request? Or you inform the staff that you are allergic to an ingredient and they fail to warn you that the item contains ingredients that will trigger an allergic reaction? 

Both of these actions could be considered a breach of duty on the part of Krispy Kreme donuts. In turn, they could be held liable for any harm resulting from an allergic reaction that you suffer and have to pay you compensation as a result.

You may suffer a peanut allergy to Krispy Kreme, or a Krispy Kreme egg allergy. Regardless of your allergy, Krispy Kreme staff should be cooperative with customers who suffer from food allergies and do what they can to keep them safe. 

If you have suffered an allergic reaction after eating Krispy Kreme food, we can provide you with a No Win No Fee solicitor to handle your claim.

What Are My Rights When Purchasing Takeaway Foods?

Unfortunately, there have been incidents when people have suffered allergic reactions because an unintended ingredient was present in their food. If you were made ill because your donut or drink contained an ingredient that shouldn’t have been included, you may be eligible to claim compensation, provided you can show the restaurant was at fault. 

According to the Consumer Protection Act 1987, if a customer is injured or made ill because of a faulty product, the manufacturer could be held liable. Therefore if you ate a donut that contained ingredients that should not have been present and suffered an allergic reaction as a result, you may be able to claim compensation.

Our team can offer you all the legal help and support you need. Simply get in touch to find out more.

Your Rights If You Did Not Inform A Takeaway About Your Allergy

Can you only claim for an allergic reaction to Krispy Kreme if you inform your server about your allergies? 

No. Food providers are supposed to provide a food allergy warning notice to help customers who suffer from food allergies make informed decisions about what they can eat and not eat. 

What information has to be provided to customers with regards to allergies when in a restaurant or a food shop? 

Foods that contain these ingredients, which are a common cause of allergic reactions, require a written warning. How should allergenic ingredients be listed? The allergenic ingredients of any item of food or drink need to be listed on the packing or the menu and highlighted (for example made bold).

Have you consumed a Krispy Kreme product that you ate in a coffee house, ordered as a takeaway, or bought from another retail shop that did not contain an adequate written warning of any ingredients that could cause an allergic reaction? If you did and you experienced an allergic reaction after eating at Krispy Kreme, you may be eligible to claim compensation. In order to successfully prove a claim, be sure to retain the packaging as this may serve as crucial evidence.

Menu And Allergy Information For Krispy Kreme

If you believe you might suffer an allergy to Krispy Kreme products, you can look at the Krispy Kreme allergy information online to see what you can eat.

Here is the Krispy Kreme allergy menu. Please note that at the time of writing, the world is struggling with the Covid-19 crisis, so Krispy Kreme might be operating a reduced menu.

Krispy Kreme Donut Menu

  • Doughnut Bites
  • Original Glazed Doughnut
  • Lotus Biscoff
  • Chocolate Iced
  • Strawberries And Kreme
  • Strawberry Iced
  • Chocolate Sprinkles
  • Glazed Raspberry
  • Nutty Chocolate
  • Lemon Meringue
  • Original Filled Caramel
  • Caramel Iced Ring
  • Reese’s Peanut Butter
  • Apple Crumble
  • Salted Caramel Cheesecake
  • Chocolate Cream Cake

Krispy Kreme Drinks Menu

  • Caramel Latte Chiller
  • Flat White
  • Espresso
  • Tea
  • Mocha
  • Hot Chocolate
  • Latte
  • Cappuccino
  • Americano
  • Pink Lemonade
  • Original Lemonade
  • Caramel Iced Coffee
  • Iced Mocha
  • Iced Coffee
  • Mocha Chiller
  • Strawberry Chiller
  • Mango Chiller
  • Coffee Chiller
  • Strawberry Creme Shake
  • Lotus Biscoff Kreme Shake

Calculating Compensation For Allergic Reactions After Eating Krispy Kremes

If you decide to claim compensation for a food allergy in Krispy Kreme that was not your fault, Legal Expert can help you. If you’re successful in your compensation claim, the good news is that you may be awarded not one but two heads of claim. 

The main body of your compensation claim is usually general damages. The purpose of this is to compensate you for the suffering, loss of amenity and associated pain resulting from the reaction. It’s also possible to claim funds for expenses that you have incurred because of your injuries, such as to pay for any medical treatment you may need.

You can use Legal Expert’s personal injury claims calculator to work out the level of compensation you could be eligible to claim due to negligence on the part of the business. This estimate includes information on how much you may claim in general damages but excludes any special damages that you could be owed.

Type Of Illness Severity Symptoms Awarded Damages
Food related illnesses (i) May present anaphylaxis in this category or include symptoms such as those highlighted in categories below as well as fever and pain. Will require hospital care and could have continuing symptoms. £36,060 to
Food related illnesses (ii) Short-lived or serious food-related illnesses. Symptoms of which may be vomiting, diarrhoea. There may be some longer term effects on the bowels and sex life. £8,950 to
Food related illnesses (iii) Illnesses which may cause the following symptoms, stomach cramps, affecting bowel function. May require hospital treatment for several days. . £3,710 to £8,950
Food related illnesses (iv) Slight allergic reaction with symptoms resolving after a few days or weeks. From around £860 to £3,710

The compensation amounts that we have quoted are based on guidance from the Judicial College. Call Legal Expert today and we can speak to you about the precise level of compensation you could potentially claim, as well as personal injury claims more generally.

Special Damages Which You Could Claim

As mentioned above, it’s also possible to claim back any expenses incurred because of the allergic reaction. This is known as special damages. Some examples of the types of things you can seek to recover include:

  • Medication costs – if you had to spend money to buy medication, keep hold of the receipts. You could claim these costs back.
  • Travel costs – if you had to go to your GP or hospital for checkups and tests because of the reaction, you can recover the cost of parking, taking taxis or buses, or mileage too.
  • Loss of earnings – if the reaction forced you to take time off work, you can claim any lost wages.

The key takeaway when it comes to recovering costs like these back is to retain all receipts, invoices and statements that evidence the expense.

For more information on what you can claim back, get in touch with our team.

How To Claim If You Had An Allergic Reaction To A Food

If you have experienced an allergic reaction in Krispy Kreme UK, which was due to the company acting negligently, you could be eligible to claim compensation if you can prove that they breached their duty of care. 

Although there are many different ways to claim compensation, we believe that if you choose a personal injury solicitor provided by Legal Expert, you will be satisfied with the outcome. You can read our online solicitor reviews left by our previous clients, to see why.

Legal Expert’s solicitors will value your claim accurately and will negotiate hard to ensure you receive the correct amount of compensation that you deserve. Our solicitors are experienced and have your best interests at heart. If you are considering claiming compensation you can speak in-depth to a knowledgeable legal advisor for free, who will be able to let you know if you have legitimate grounds to claim. Call us today to find out more.

No Win No Fee Claims For Experiencing An Allergic Reaction After Eating At Krispy Kreme

If you have suffered an allergic reaction to Krispy Kreme food or drink because the outlet breached its duty of care, you may be eligible to claim compensation. Legal Expert could offer you the choice of making a claim on a No Win No Fee basis. Essentially, this means that there will be less financial risk to you. 

Under a No Win No Fee agreement, you will only need to pay the solicitors fee if your claim is successful. There are no fees required upfront or during the case, and if the outcome is unsuccessful, you will not have any fees to pay to your solicitor. 

In the event of a successful claim, as we mentioned above, your solicitor will deduct a modest and legally capped fee from the compensation award to cover their costs. 

We have lots of information online in relation to making No Win No Fee claims for compensation. Read our online guide to learn more, or call us to speak to an advisor.

Talk To A Solicitor About A Food Allergy Claim

To begin your food allergy claim, call us today on 0800 073 8804.

Alternatively, send us a message via our online claims form. 

If we believe your case has reasonable prospects of success, a personal injury lawyer will get right to work on your claim.


Thank you for reading our guide to the service we offer if you experience an allergic reaction after eating at Krispy Kreme. Below, you can find some further guides you may find useful.

How To Sue A Restaurant For An Allergy In The UK

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

How Much Compensation Can I Claim For A Slip, Trip Or Fall?


Guide by Chelache

Edited by Billing

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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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