Allergic Reaction After Eating At Toby Carvery – Can I Claim Compensation?

By Daniel Archer. Last Updated 22nd June 2022. There are many people in the UK with allergies and having an allergy to food means that eating out could sometimes be a bit of a minefield. However, restaurants and food service providers have a responsibility to display allergen information on their menus. They should also train their staff to be aware of what allergens are in their food so they can provide accurate allergen information to customers. If you have suffered an allergic reaction after eating a Toby Carvery due to their negligence in providing information or serving you food with allergens contained in it, when you asked for something to be left out of your meal, you may be able to claim compensation for the reaction you’ve had and any expenses associated with your reaction if you can prove the restaurant was at fault. This guide has been created to help you.

Within the sections below, we offer guidance on making an injury claim for an allergic reaction after eating at Toby Carvery. You’ll find useful information on what kinds of situations could lead to a Toby Carvery allergy claim, as well as insight into how much compensation your claim could be worth. We hope you find the information contained in this guide useful, but if you have any questions, or would like our help with starting a claim, you can call us free at any time on 0800 073 8804.

Select A Section

• A Guide To Claims For An Allergic Reaction After Eating At Toby Carvery
• What Are Allergic Reactions To Food From Toby Carvery?
• Foods Which Most Commonly Cause Allergic Reactions
• How Commonly Are People Allergic To Different Foods?
• I Asked Staff To Not To Serve Me An Allergen
• Staff Served My An Allergen I Asked Them To Remove
• Your Rights Under The Consumer Rights Act
• Restaurants Liability If You Did Not Inform Them Of An Allergy
• Toby Carvery Menu And Potential Allergens
• How Much Compensation Could I Receive If I Suffer An Allergic Reaction At Toby Carvery?
• Could You Also Claim Special Damages?
• How Our Team Could Help If You Had An Allergic Reaction
• No Win No Fee Claims If You Suffer An Allergic Reaction After At Toby Carvery
• Talk To Us About Allergy Claims
• Resources

A Guide To Claims For An Allergic Reaction After Eating At Toby Carvery

When you have a food allergy, you would normally be advised to avoid consuming the allergen to save you from having an allergic reaction. When eating out at Toby Carvery, you may have consulted the Toby Carvery allergy menu to see which dishes would be safe to eat, or you may have asked the staff to leave an ingredient out of your meal so that you did not have a reaction. If the Toby Carvery allergy information you’ve been given is incorrect, however, or the staff have ignored your request to leave an ingredient out of your meal, you may accidentally consume something you’re allergic to, and you may have an allergic reaction after eating at Toby Carvery that could have been avoided.

If this is the case, you may be able to claim compensation from Toby Carvery for their negligence. This guide explains how to go about doing this, and how we could help. We also include information on the Toby Carvery menu, the restaurant’s responsibility to customers with allergies, and insight into compensation payouts for an allergy to Toby Carvery UK.

What Are Allergic Reactions To Food From Toby Carvery?

Before we explain how to go about making a claim for an allergic reaction after eating at Toby Carvery, we should first explain a little more about food allergies and their symptoms.

What Are Food Intolerances And Allergies?

According to the NHS, the most common allergic reactions can be grouped under three different types. These include:

IgE mediated – Symptoms of an IgE mediated reaction could include:

• Hives
• Faintness
• Dizziness
• Swallowing difficulties
• Wheezing
• Swelling in the face, body, throat or mouth
• Symptoms of hayfever
• Nausea or vomiting
• Itching/tingling in the mouth

Anaphylaxis – A serious, and sometimes life-threatening condition, anaphylaxis often requires urgent medical attention. Symptoms could include any of those included within the IgE mediated list of symptoms above, along with:

• Swelling of the tongue
• Difficulty breathing
• Difficulty swallowing
• Difficulty speaking
• Collapsing
• Dizziness
• Chest tightness

Non-IgE mediated – These types of reactions may not present immediately after consuming something containing the ingredient you are allergic to. Symptoms may take hours or days to present, and could include:

• Eczema-type redness, cracking or dry skin
• Vomiting (where no diarrhoea is present)
• Constipation
• Cramping
• Itching of the skin
• Reddening of the skin

No matter what type of allergic reaction to Toby Carvery you’ve had, if it was due to their negligence and you can prove that this was the case, you could make a claim for compensation against them. We could assess your case for free to see if you could have a valid claim, and one of our expert solicitors could help you claim the compensation you deserve.

Foods Which Most Commonly Cause Allergic Reactions

If you’re wondering what type of food allergies are common, we have provided a list below:

• Nut allergy
• 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 allergy

While these are the most common allergies, you may find that you are allergic or intolerant to another ingredient, especially if you have taken a food intolerance test. Whatever you are found to be allergic or intolerant to, you should be able to ask serving staff about the ingredients contained within your food, so that you could avoid dishes containing the food allergens that could provoke a reaction. If you are given the wrong information and suffer an allergic reaction after eating at Toby Carvery due to misinformation, you could make a claim for compensation if you can clearly prove the restaurant breached its duty of care.

How Commonly Are People Allergic To Different Foods?

Allergic conditions are suffered by over 20% of the UK population, according to statistics from Allergy UK. It has been revealed that 44% of British adults suffer from at least one allergic condition, with 48% of these allergy sufferers being allergic to more than one thing.

In terms of hospital admissions for allergic reactions, the numbers are staggering. In 2014, there were 20,318 hospital admissions that had a primary diagnosis of an allergy, and it has been reported that between 1992 and 2012, anaphylaxis hospital admissions rose by a staggering 615%.

I Asked Staff To Not To Serve Me An Allergen

To avoid suffering an allergic reaction after eating at Toby Carvery, you might have consulted the Toby Carvery allergy info on their website or asked the server what was in the food you were considering ordering. You might then have asked for an ingredient to be left out of your food, such as requesting:

• No Cheese
• No Eggs
• No Wheat
• No Oats
• No Fish
• No Milk
• No Nuts

The food provider, according to government advice, should comply with your request if it is possible for them to do so. If they cannot, they should tell you about this so that you could choose something else.

Staff Served My An Allergen I Asked Them To Remove

If the staff do not tell you that they cannot remove an allergen, or they ignore your request to do so, and you suffer a food allergy in Toby Carvery because of their negligence, you could claim compensation for the allergic reaction you’ve had. It may also be possible to claim for any financial expenses that have been caused by the reaction, such as wage losses, travel and medical costs, for example.

Claims could be made where staff have ignored your requests for ingredients such as the below to be omitted from your meal:

• No Cheese
• No Eggs
• No Wheat
• No Oats
• No Fish
• No Milk
• No Nuts

How Restaurants Could Act Negligently

Restaurants could act negligently towards customers with allergies in a number of ways. If you’ve had an allergic reaction after eating at Toby Carvery for one of the reasons below, it could be considered negligence:

• Your request for an ingredient to be left out of your food was ignored
• You were not given accurate information by serving staff when informing them of your allergies, whether nut allergies, dairy allergies or any other allergy
• The allergen menu for Toby Carvery did not include allergens that were present in their dishes

Your Rights Under The Consumer Rights Act

The Consumer Rights Act 1987 gives consumers protection against defective products. It states that providers of foods and other products that are found to be defective and cause loss, damage or injury to consumers could be held liable for claims made against them.  In terms of defective products from Toby Carvery, this could include:

• A food product that has been made using an ingredient you’ve asked to be left out
• A food product that doesn’t have the relevant restaurant food allergy warning on it (for pre-packaged foods)
• A food product that has been sold negligently (for example, you have asked whether a certain allergen is present and they have advised you incorrectly)
• A food product that has been cross-contaminated with an allergen you have asked not to be included for your meal

Can Restaurants Be Liable For Your Allergy?

If you’re not sure whether a restaurant could be held liable for your allergic reaction after eating at Toby Carvery, why not contact our team for a free case assessment. We could then give you case-specific guidance on whether you could make a claim and we could provide you with a solicitor who could help you fight for the compensation you deserve.

Restaurants Liability If You Did Not Inform Them Of An Allergy

You may be under the misapprehension that claiming compensation for an allergic reaction after eating at Toby Carvery wouldn’t be possible if you didn’t inform the serving staff of your allergies. However, this is not necessarily the case. Food service providers are, by law, required to inform customers if their foods contain specific allergens, including:

• Wheat
• Mustard
• Lupin
• Gluten
• Sulphur dioxide
• Soy
• Shellfish
• Dairy/Milk
• Cereal
• Celery
• Seafood
• Nuts
• Fish
• Eggs

If the information on Toby Carvery’s allergy menu is incorrect, and you suffer an allergic reaction to Toby Carvery food because of this, you could make a claim against them for their negligence if you can prove that they breached their duty of care.

Toby Carvery Menu And Potential Allergens

Below is some information about the dishes on the Toby Carvery Menu. While this information is correct at the time of writing, it would be wise for you to check for any changes to dishes on the menu before you order, especially if you have severe allergies.

Breakfast Menu

• Toby Carvery Breakfast
• Toby Carvery Breakfast (Vegetarian)

Tasters

• Spicy Southern Fried Chicken Strips
• Hummus
• Stuffed Yorkshire Pudding
• Garlic Mushrooms
• Ciabatta Garlic Bread
• Ciabatta Garlic Bread
• Loaded Roast Potatoes

Starters

• Soup of the Day
• Taster Platter
• Glazed Pigs in Blankets Sharer

Mains

• Midweek Carvery
• Roast Turkey
• Roast Beef
• Roast Gammon

Fish or salad

• Steamed Seabass
• Toby’s House Salad

Vegetarian

• Meat Free Carvery
• Broccoli & Brie Parcel
• Toby’s Vegan Sausage Roll
• Roast Mushroom & Ale Pie
• Veggie Toad in the Hole

Sandwiches

Brown Bap, White Bap, Ciabatta Bread, Yorkshire Pudding Wrap

• Hunters Gammon & Turkey
• Roast British Turkey Club
• Ultimate Roast Beef
• Cheese & Chutney

Side dishes

• Side House Salad (v)
• Roast Potatoes (v)
• Famous Yorkie and Gravy
• Mini Pigs in Blankets
• Small Bowl of Soup

Desserts and Cakes

• Chocolate Fudge Cake
• Giant Sticky Salted Caramel Cake
• Chocolate & Orange Mousse Cake
• Mini Pudding – Chocolate Brownie Pieces
• Mini Pudding – Mini Apple, Blackberry & redcurrant crumble
• Home-baked Chocolate Chip Cookie
• Strawberries & Ice Cream
• Strawberries & Cream
• Birthday Cake

How Much Compensation Could I Receive If I Suffer An Allergic Reaction At Toby Carvery?

If you are aware you suffer from certain allergies, you could ask staff for Toby Carvery allergen information if you are dining there. If you have made the staff aware of any allergies you have, they then have a duty of care to ensure your order is free of this allergen. Alternatively, they must tell you that your order cannot be accommodated.

If you are still exposed to an allergen and you have a reaction, then you may be able to make a claim for compensation. The amount that you receive for the effect on your health is called a general damages payment. Reactions such as this can impact your health in different ways. Because the level of severity can differ on a case-by-case basis, legal professionals need to make use of a few different resources to ensure that a suitable amount is arrived at.

One of these materials is called the Judicial College Guidelines (JCG). It was last updated in 2022, and contains figures based on past court cases. We’ve included some figures from the JCG in the table below. They can give you an idea regarding the potential value of a general damages payment.

More accurate valuations can be obtained by getting in touch with our advisors or heading to our online compensation calculator.

Could You Also Claim Special Damages?

Not only could you claim compensation for the loss of amenity, suffering and pain caused by your allergic reaction after eating at Toby Carvery, but you could also claim compensation for expenses associated with it. Special damages claims could be made for expenses such as:

• Loss of income
• Medical expenses
• Care costs
• Travel expenses

However, you would have to have proof that you’d incurred these expenses to be able to include them in your claim. Evidence such as bank statements, receipts and payslips should, therefore, be retained so they could be provided to your lawyer, who could then include them when building your case for compensation.

How Our Team Could Help If You Had An Allergic Reaction

We know there are plenty of law firms across the UK that you could use to claim compensation for a Toby Carvery food allergy, but we believe we could be a great choice and would be delighted to handle your case. Here at Legal Expert, we have the knowledge and experience to help claimants with a wide range of personal injury claims. 

If you have had an allergic reaction after eating at Toby Carvery, we could speak to you about your experience and explain what you could do about it. Our expert team could assess your case with no charge to you and no obligation to use our services. If you would like to go ahead with a claim after speaking to us, we could provide you with a Legal Expert personal injury solicitor, who could help build a strong case against Toby Carvery, so that you would not miss out on the compensation you deserve.

We have years of experience helping claimants make personal injury claims, and you could be sure of a great service when choosing Legal Expert to handle your claim. Our previous clients have been highly impressed with our service, and have left us fantastic reviews, and our No Win No Fee claims service means you could begin a claim today without needing to pay your solicitor upfront, or until your claim had been successfully concluded.

No Win No Fee Claims If You Suffer An Allergic Reaction After At Toby Carvery

Starting a personal injury claim for an allergic reaction after eating at Toby Carvery could be somewhat daunting and having a personal injury solicitor on hand to help you could make the process a lot less stressful, as they could take on the leg work of proving your claim while you could concentrate on your recovery. 

Retaining the services of a personal injury lawyer doesn’t have to come with upfront costs, and you would not have to pay any fees until your case was successfully concluded if you work with one of our lawyers under No Win No Fee payment terms.

To make a claim under such terms, you would need to sign an agreement known as a Conditional Fee Agreement, before your lawyer started working on your claim. This would promise the lawyer you’ve chosen a small, capped ‘success fee’ if they were successful in securing you a compensation payout. If no compensation was negotiated, the fee would not be payable. You would not be required to pay for the lawyer’s costs incurred as a result of building your claim either.

We understand that you might have a few questions regarding No Win No Fee claims, and we’re happy to talk about the process with you in further detail over the phone. We could also provide you with a lawyer that works under these terms and has the appropriate knowledge and experience to handle your claim.

Talk To Us About Allergy Claims

Whether you’re ready to make a claim and would like our assistance with finding an appropriate solicitor to help you, or you’re unsure of whether your case could lead to compensation, we’re here to help. You can contact us in a number of different ways:

• By phone: 0800 073 8804
• By completing our contact form
• By e-mailing info@legalexpert.co.uk
• Or, you could live chat directly with a team member using our handy chat feature.

Resources

More Information On Food Allergy Claims – Here, you can find our guide on food allergy claims. This general guide contains lots of useful information on making such claims, as well as how much compensation you could receive.

Restaurant Claims – Making a claim against a restaurant could be complicated. This guide offers useful information about how and why a restaurant could be held liable for a claim.

Peanut Allergy – Claiming for a peanut allergy? This guide could be very useful in helping you understand how to go about getting the compensation you deserve.

Allergen Information – What allergens should you be notified of that are contained within foods served to you? Find out here.

Living With Food Allergies – This NHS guide offers advice on living with a food allergy.

Diagnosing Allergies – This page, from the NHS website, gives information on allergy testing.

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Guide by Jeffries

Edited by Billing