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Allergic Reaction After Eating JD Wetherspoon – Can I Claim Compensation?

By Cat Soong. Last Updated 13th June 2022. This is a guide to claiming compensation if you suffered an allergic reaction after eating at JD Wetherspoon. Food allergies can have a serious impact on the lives of those who suffer from them. In fact, a serious food allergy can be life-threatening. Fortunately, food allergies can be managed by avoiding foods that trigger an allergic reaction.

People who suffer from food allergies are responsible for managing them, but food providers such as supermarkets, takeaway shops and restaurants, are responsible for providing information about any ingredients contained in their food that could be harmful to allergy sufferers. This enables its customers to make informed decisions.

Allergic reaction after eating JD Wetherspoon food claims guide

If you have suffered an allergic reaction to food from JD Wetherspoon because you were provided with incorrect Wetherspoon allergy advice, or your server acted negligently, you could be eligible to claim compensation if you can prove that the restaurant breached its duty of care. 

Legal Expert can provide you with a knowledgeable personal injury lawyer to handle your claim. We offer a free legal consultation to all our potential clients. Call us today on 0800 073 8804 to speak to an advisor. If we can see that you have legitimate grounds to claim compensation for an allergic reaction and you can prove that it was caused by a Wetherspoon allergen, we will provide you with a solicitor to conduct your claim. Alternatively contact us in writing by using our online claims form.

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A Guide To Claims For An Allergic Reaction After Eating At JD Wetherspoon

JD Wetherspoon is a chain of pubs that was founded in 1979 by Tim Martin. The company also runs Lloyd’s pubs, No 1. Bars and a growing number of JD Wetherspoon hotels. There are currently 900 branches of JD Wetherspoon in the UK. As of March 2020, JD Wetherspoon employed 43,000 people across the UK.

Legal Expert has created this guide for people who have been harmed by a food allergy in JD Wetherspoon due to negligence on the part of the business. We will look at what an allergic reaction is and how an allergy sufferer can be harmed by their condition. We will also look at how a business can be held liable for an allergic reaction and advise you on how to claim compensation for injuries caused by an allergic reaction. To begin your claim, call Legal Expert today or use our online claims form to contact us.

What Are Allergic Reactions To Foods Served At JD Wetherspoon?

As a pub and restaurant serving paying customers, JD Wetherspoon provides its customers with allergy information about foods that could cause allergic reactions. The entire Wetherspoons allergy menu can be found online here. If a customer suffers from an allergic reaction after eating at JD Wetherspoon, because Wetherspoons gave their customers misleading allergy information about the allergenic contents of their food, or ignored an agreed request to leave out an ingredient, the customer may be able to claim compensation.

What Are Food Allergies And Food Intolerances?

Food intolerance is when a person experiences difficulties digesting types of food. This causes unpleasant symptoms such as stomach pain and bloating. Although food intolerances can be difficult to manage, they are fortunately not life-threatening.

Food allergies are when a person’s immune system wrongfully perceives proteins found in a type of food as a threat. As a result, the immune system floods the body with chemicals to fight the perceived threat, which can cause the person to suffer unwanted physical symptoms. People who suffer from severe allergies can experience life-threatening symptoms.

The symptoms of a mild to moderate food allergy can include the following:

  • An itchy sensation in the ears, throat or mouth
  • The face swells, especially at the lips, the roof of the mouth, tongue, and around the eyes. This is known as angioedema
  • A red itchy rash (hives or urticaria)
  • Vomiting or diarrhoea.

Unfortunately, if someone suffers from a severe food allergy, they can experience a condition known as anaphylaxis, also known as anaphylactic shock. An anaphylaxis reaction can result in the person slipping into a coma from which they may never wake up. They may even die.

These are the symptoms of an anaphylactic shock:

  • Shallow breathing, wheezing and other breathing difficulties
  • Feeling faint or dizzy
  • Confusion, disorientation and/or anxiety
  • The skin becomes clammy
  • An increased heartbeat
  • Other symptoms of more mild allergic reactions that we have already mentioned include angioedema.

Anaphylaxis is a life-threatening condition and should be treated as a medical emergency. If you or someone else is suffering from the symptoms of an anaphylactic shock, call an ambulance immediately. This NHS guide to anaphylaxis has more information about how to provide immediate first aid.

Common Examples Of Foods Causing Allergic Reactions

Here are some examples of common types of food allergies. This list is not exhaustive.

  • 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

You can learn more about the causes, symptoms and management of food allergies here, using this NHS guide.

Food Allergy And Intolerance Facts And Statistics

AllergyUK, a charity that represents and supports allergy sufferers, provides statistics about the rates of food allergies experienced in the UK and abroad. Here are some key findings:

  • The UK has one of the highest prevalences of allergy sufferers in the world. 20% of the UK population suffer from one or more allergic disorders.
  • The number of hospital admissions due to anaphylaxis increased by 615%, during the decades-spanning 1992 – 2012.
  • On the continent of Europe, 20% of people who suffer from allergies say that allergies affect their mental health. A study found that this group say they struggle daily with anxiety and fear of an anaphylactic shock, asthma attack or dying from a severe allergic reaction.

Could I Claim For An Allergic Reaction, If I Asked Staff To Leave Out One Of The Following Ingredients?

If you are allergic to any types of food, you are, of course, responsible for managing your allergy. However, food providers such as pubs and restaurants are responsible for providing you with information to help you make informed choices.

How are restaurants responsible for helping you manage your food allergy? Allergen information must be communicated, this can be in the form of on the packaging, on the menu or a notice to tell you where the allergen information can be found

A customer may make the following requests to have an ingredient or type of food left out of their meal due to allergies. However, the restaurant can refuse any requests made:

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

The Staff Did Not Follow My Request To Remove An Allergen

If the food has been pre-prepared and removing an ingredient is not possible, your server must warn you that the menu item is not suitable for you. 

Restaurant’s Liability For Allergic Reactions Caused By Their Negligence

The Occupiers’ Liability Act 1957 states that employers are liable for their customer’s health and safety whilst on their premises. Therefore if a customer is injured due to an accident that was caused by negligence on the part of the business, the employer could be held liable for the customer’s injuries and have to pay them compensation as a result.

What Are My Rights As A Diner At A Restaurant?

Under the Consumer Protection Act 1987, manufacturers can be held liable if a consumer was injured by a faulty product. If Wetherspoons serves pre-packed food which contains ingredients that should not be in the item, which leads to a customer suffering an allergic reaction, what can happen? JD Wetherspoon (or a different manufacturer, if used) could be held liable for any injuries that may have been caused if you can prove that they breached their duty of care.

What Are My Rights If A Restaurant Did Not Warn Me About An Allergen?

If you warn your server about your food allergy and the server fails to notify you about the allergenic contents of a menu item you order, who is responsible for a resulting food allergy reaction in JD Wetherspoon? This would be classed as a “failure to warn”, which would be seen as negligence on the part of the restaurant. Therefore you may be eligible to claim compensation. Get in touch to find out how we can help.

Could I Still Claim If I Didn’t Inform A Restaurant Of My Allergy?

You are not legally obliged to inform a restaurant of your allergy. Of course, your server cannot warn you about the allergenic contents of a type of food if they are not aware that you suffer from a food allergy. However, if there was no correct information on the menu or food packaging or on the Wetherspoon allergen menu to warn you that the meal was not suitable for someone who has your allergic condition, this could be seen as negligence on the part of JD Wetherspoon. Therefore you may be eligible to claim compensation for an allergy at JD Wetherspoon UK.

Wetherspoon Menu Allergy And Advice

The JD Wetherspoon menu varies from pub to pub. This is a sample of some of the items that are available at one of their venues. Wetherspoon allergy information is available on their digital menu.

Breakfast Menu

  • Large breakfast
  • Traditional breakfast
  • Vegetarian breakfast
  • Vegan breakfast
  • American breakfast
  • American-style pancakes
  • Small American-style pancakes
  • Smashed avocado on whole-wheat toast

Small Plates

  • Tomato and basil soup
  • Macaroni cheese
  • Halloumi Fries
  • Nachos
  • Chicken breast bites
  • Spicy coated prawns

Burgers

  • Classic 6oz beef burger
  • Grilled chicken breast burger
  • Beyond Burger
  • Each burger is available with a variety of toppings

Fresh From The Grill

  • 5oz gammon and eggs
  • Mixed grill
  • Large mixed grill
  • BBQ chicken
  • Surf and turf
  • 8oz sirloin steak with chips (a variety of toppings and sides are available)
  • 10z rump steak with chips (a variety of toppings and sides are available)

Desserts

  • Warm chocolate fudge cake with ice cream
  • Warm chocolate brownie with ice cream
  • American style pancakes with ice cream
  • Chocolate and salted caramel tart

Wetherspoon’s allergy info, a Wetherspoon’s drinks allergy menu and JD Wetherspoon’s allergy menu can all be found on the Wetherspoon website.

Compensation For An Allergic Reaction At Wetherspoons Caused By Negligence

If you are eating at an establishment such as Wetherspoons, allergens should be clearly marked on the menus or otherwise accessible. If this information is not made available to you, and you have an allergic reaction as a result, this could be considered negligence.

For example, if you are ordering from the Wetherspoons dessert menu, you should take measures to ensure you’re eating food that’s safe for you to consume. If you are served a meal containing allergens because the information you were provided about the meal wasn’t correct, and you suffer an allergic reaction as a result, you may be eligible to make a claim.

The 2022 edition of the Judicial College Guidelines (JCG) can provide some insight into how much compensation you could receive in general damages following a successful claim. It provides guideline amounts to aid legal professionals in assigning value to the suffering caused by your injuries, as illustrated in the table below.

Edit
Injury Type Compensation Bracket Notes
Severe Toxicosis (i) £38,430 to £52,500 Hospital admission for days or weeks as a result of severe food poisoning symptoms such as vomiting and dizziness.
Dermatitis (a) £13,740 to £19,200 A number of years of dermatitis on both hands which affects recovery.
Serious Food Poisoning (ii) £9,540 to £19,200 Food poisoning effects that continue after recovery from a serious but short-lived bout.
Moderate PTSD (c) £8,180 to £23,150 Little to no effects remaining following recovery.
Food Poisoning (iii) £3,950 to £9,540 Significant discomfort caused by food poisoning, requiring a short hospital stay.
Less Severe PTSD (d) £3,950 to £8,180 Recovery within 1-2 years.
Food Poisoning (iv) £910 to £3,950 Pain, vomiting and cramps that cause some disablement for a period of days or weeks.

However, these amounts are not guaranteed, as there are many factors to take into account when valuing claims. For example, consideration may be given to the severity of your reaction, or how your reaction has affected things like your employability or your enjoyment of life.

To learn more about how compensation is calculated, or to get a free estimated valuation of your claim, contact our advisors today.

How Are Special Damages Calculated?

Special damages are calculated by working out the financial cost of the injuries. Please keep the receipts of any purchases you make which are connected to your injuries, as you may be able to claim these back as special damages. 

Special damages you can claim back include medical expenses, travel expenses, the cost of care and reimbursement for any income you have lost due to your injuries.

How Our Team We Could Help If You Had An Allergic Reaction In A Restaurant?

At Legal Expert, we pride ourselves on our ability to help our clients claim the optimum amount of compensation they could be owed. Our solicitors have decades of experience handling personal injury claims against restaurants and pubs. We will value your claim accurately and push to win you the maximum amount of compensation that you could be owed.

No Win No Fee Claims After Suffering Allergic Reaction At JD Wetherspoons

Legal Expert wants the process of making a compensation claim to cause as little stress as possible to our clients. That’s why we offer our clients the choice of making a No Win No Fee claim. This means that you will only need to pay legal fees if you win your compensation claim, so the solicitor takes on the financial risk, not you. The fee they will charge is a small one and is capped by law. This rules out the need to pay any fees upfront or during the claim, and if the case fails, you will not have to pay any of your solicitor’s fees. 

To learn more about the benefits of making a No Win No Fee claim, contact Legal Expert today or read our online guide.

Talk To A Solicitor Today

To begin your claim for triggering a food allergy in JD Wetherspoon, contact Legal Expert today for your free compensation claims consultation. 

Call today, we’re looking forward to helping you!

Resources

Thank you for reading our guide to how we can help you if you have experienced an allergic reaction to JD Wetherspoon food. Below, you can find some further guides you may find useful.

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

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

How Much Compensation Can I Claim For An Accident In A Shop

Other Guides Available

 

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Edited by Billing

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      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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