Allergic Reaction After Eating At Papa John’s – Can I Claim Compensation?

By Daniel Archer. Last Updated 9th June 2022. If you suffer from any form of food allergy, you’re likely to be extremely careful about what food you order, especially if it’s from somewhere you’ve not eaten before. In some cases, if you’re unsure about what’s included in a meal, you might ask the waiter or member of staff who serves you to check for you.

This guide is going to review when you could claim compensation for an allergic reaction after eating Papa John’s pizza. We’ll look at negligence that could lead to a reaction, why allergic reactions happen and when you might be entitled to claim. We’ll also look at potential compensation amounts following an allergic reaction.

Legal Expert specialises in helping our clients seek compensation for suffering caused by somebody else’s negligence. We start by offering a no-obligation assessment of your claim. Then our advisors will provide legal advice for free and, if your claim has a reasonable chance of success, could refer you to one of our specialist solicitors. If they offer to take your claim on, they’ll do so on a No Win No Fee basis.

If you’d like to start a claim right away, why not call us today on 0800 073 8804. Alternatively, carry on reading to find out more about claiming for allergic reactions to Papa John’s.

Select A Section

• A Guide To Claims For An Allergic Reaction After Eating Papa John’s Pizza
• What Are Food Allergies In Papa John’s?
• What Foods Could People Be Allergic To?
• Rates Of Allergic Reactions To Common Foods
• My Request For An Ingredient Listed Below Was Ignored
• What Rights Do I Have Through The Consumer Rights Act?
• Could You Claim Compensation When You Did Not Tell The Restaurant?
• Papa John’s Pizza Menu And Allergy Guide
• Calculating Compensation For An Allergic Reaction At Papa John’s
• How Special Damages Could Compensate You For Other Losses
• I Had An Allergic Reaction, How Do I Claim Damages?
• No Win No Fee Claims If You Suffered An Allergic Reaction After Eating From Papa John’s
• Talking To A Solicitor About Your Claim
• Resources

A Guide To Claims For An Allergic Reaction After Eating Papa John’s Pizza

Allergic reactions can be annoying, embarrassing and irritating but, in many cases, symptoms pass, and the sufferer returns to normal. However, some allergic reactions are very serious and could be fatal if emergency medical treatment isn’t carried out in time. For that reason, laws exist which means food manufacturers, retailers and other food businesses have to display clear information when an allergen might be present in their meals.

If those laws aren’t adhered to, and a customer suffers an allergic reaction, they could be entitled to seek compensation for the suffering caused. If you are considering making such a claim, we’d advise you seek specialist legal support as soon as possible. That’s because there is a personal injury claims time limit which must be adhered to. In most cases, you’ll have 3-years to make your claim from the date you suffered the allergic reaction. You might think that’s a long time, but it can soon pass by and your solicitor will need as much time as possible to gather supporting evidence such as witness statements and medical records.

Once you’ve finished reading our guide about claiming for an allergic reaction after eating Papa John’s pizza, please get in touch if you have any questions or would like to start your own claim.

What Are Food Allergies In Papa John’s?

In the next section, we’ll provide information on what food allergies are and why they happen. With regards to Papa John’s, an allergic reaction could happen because one of the many allergens are contained within its pizzas. That doesn’t automatically make the company liable for any suffering, though. If they provide clear information in their menus, online or in their store that indicates the allergen is present, and you decide to order anyway, then they can’t be liable for your injuries.

In this guide, we’ll look at scenarios where negligence could mean you’re entitled to claim compensation because of an allergic reaction after eating Papa John’s pizza. For instance, you might be able to claim if your product contained an allergen not listed in its ingredients or where staff provided you with incorrect information about the allergen’s presence.

What Are Allergic Reactions Caused By Foods?

Information provided by the NHS shows that allergies are caused by the body’s immune system. They occur when the body incorrectly identifies a piece of food as posing a danger. It releases antibodies such as histamines to try and fight off the ‘danger’. This is when an allergic reaction leads to symptoms like itchy eyes, a swollen tongue or lips, nausea, difficulty swallowing and shortness of breath.

While those symptoms can be annoying or an inconvenience, more serious allergic reactions can lead to a condition known as anaphylaxis, which can become life-threatening or even fatal if not treated soon enough.

What Foods Could People Be Allergic To?

Throughout this guide, we are looking at food allergies and what can cause them. Some allergens have a higher profile than others (like nut allergies) because they can make headline news if somebody is fatally injured by them. For your information, we’ve provided a comprehensive list of allergies below:

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

Whichever allergen has caused your allergic reaction, we could help you claim if you were given incorrect advice about its presence or if it was not clearly identified on product packaging or menus. Please speak to a member of our team today for free advice on claiming.

Rates Of Allergic Reactions To Common Foods

Anybody who doesn’t suffer from an allergy, or lives with somebody who does, may be surprised to know how many sufferers there are in the UK. According to statistics provided by Allergy UK:

• In the 20 years leading up to 2012, the number of hospital admissions in the UK for anaphylaxis had risen by a huge 615%.
• Over 20% of the entire population is affected by food allergies.
• Over 44% of adults in Britain suffer from at least one allergy and up to 48% of those suffer from two or more.

My Request For An Ingredient Listed Below Was Ignored

When you order your pizza, whether it be online, on the phone or in-store, you might have the option to request certain items are removed. If that request isn’t fulfilled properly and causes you to suffer an allergic reaction, you might be entitled to make a claim against the restaurant. Some of the requests you might make include:

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

If you’ve suffered an allergic reaction because an item wasn’t removed as requested, please speak with an advisor for free advice.

Could A Restaurant’s Negligence Cause Someone To Suffer An Allergic Reaction?

As Papa John’s are a chain of restaurants, their staff will have been trained in food preparation and safety methods. They’ll also have clear instructions on what signage needs to be used and what information they have to keep in case customers ask for allergen information.

However, if a member of staff fails to follow their training, they could cause an allergic reaction by:

• Using the wrong ingredients in a pizza.
• Giving the wrong information about whether an allergen is present or not.
• Not having the company literature available when asked.

In these cases, you may be entitled to seek compensation from the company if you suffer an allergic reaction and can prove that it was the result of a breach in the duty of care owed to you by the outlet.

What Rights Do I Have Through The Consumer Rights Act?

The Consumer Protection Act 1987 is used to try and ensure that any product you buy is as described and fit for purpose. If it’s not, the seller could be liable. With regards to food purchases, the Act could be used to prove that a food producer or retailer had been negligent if they failed to indicate the presence of an allergen.

Restaurants Obligation To Label Potential Allergens

Also, food manufacturers could have breached their duty of care if they fail to indicate that an allergen might be present due to cross-contamination. This means that, when they know that an allergen is used in the same area as your food was prepared, they should add a warning to the menu or packaging, such as ‘may contain wheat’.

In either case, if negligence can be established, you could be entitled to make a personal injury claim against the manufacturer or the retailer.

Could You Claim Compensation When You Did Not Tell The Restaurant?

Just because you know you suffer from an allergy, it doesn’t mean you’re obliged to tell a restaurant or food retailer about it. Although it might be wise to do so if you’re unsure of what’s included in your pizza, Papa John’s and other restaurant chains have a duty of care to ensure that any allergens are clearly identified on menus, packaging, websites or on in-store signage.

That means, even if you haven’t told staff about your allergy, you could go on to claim compensation if it can be proven that the restaurant had been negligent by not displaying clear allergen information.

Papa John’s Pizza Menu And Allergy Guide

For your information, we’ve provided a list of pizzas on the Papa John’s menu at the time of writing. It’s important to note that due to the COVID-19, some restaurants have limited the number of items on their menu so that less staff are required in the kitchen at one time. Therefore, the list below is subject to change and might not be available at all outlets.

Meat Pizzas

• The Bee Sting
• BBQ Meat Feast
• BBQ Chicken Classic
• American Hottest
• Hawaiian
• American Hot
• Sausage & Pepperoni
• Chicken Club
• Double Pepperoni
• The Works
• All The Meats
• The Mexican

Vegetarian Pizzas

• Chilli Freak
• The Greek
• Garden Party
• Hot Pepper Passion
• Cheese & Tomato

Vegan Pizza

• Vegan Chilli Freak
• The Stinger
• Jackfruit “Pepperoni”
• The Vegan Works
• Vegan Sheese & Tomato
• Vegan Sheese Garden Party
• Vegan Sheese Hot Pepper Passion

Calculating Compensation For An Allergic Reaction At Papa John’s

Your settlement for an allergic reaction can be divided into two main payments. In this section, we’ll focus on the portion known as general damages. This amount is to compensate you for the pain and suffering that your injury or illness has caused.

For instance, when ordering food from somewhere such as Papa John’s, an allergy menu or information on how to access allergens should be made available to you. If not, then it’s possible that an ingredient you are allergic to could be present in your meal without your knowledge.

When legal professionals are calculating your general damages payment, they utilise a few key resources to assist them. One of these is called the Judicial College Guidelines (JCG). In the table below, you’ll see that we’ve included some example entries from the latest edition of the JCG. This was last updated in 2022.

Each injury and illness is assigned a range of figures that can be used to arrive at an appropriate value. However, each claim is unique. Due to this, the figures are only guidelines, and your actual claim payout will likely be different.

If you are made ill due to an adverse reaction to Papa John’s, the allergen could affect you in a few different ways. The severity of the effect on your health is just one factor that could affect how much you could receive.

If you have any questions about claiming for adverse reactions to potential allergy ingredients at Papa John’s, or other similar establishments, get in touch with our advisors today.

How Special Damages Could Compensate You For Other Losses

The first part of any compensation claim is usually for general damages. That’s the amount awarded to cover any pain, suffering and loss of amenity your injuries, or illness, have caused you. The compensation amounts listed in the previous section were for general damages.

On top of that, your personal injury lawyer can also ask for compensation to cover any financial costs sustained due to your injuries. This is known as special damages and can include:

• Care Costs.
  While you’re recovering, it might be the case that you require support from a carer. This could be a professional or a member of your family. Whichever it is, you could claim back their fees or an hourly rate for their time.
• Travel Costs.
  It’s not unusual to have to visit a GP, hospital or pharmacy, possibly on multiple occasions, while you’re recovering. If that’s the case, you could ask for fuel costs or parking fees to be reimbursed.
• Medical Expenses.
  In most cases, your remedial care will be provided by the NHS for free. However, you might still have to fork out for prescriptions, over the counter medicines or other treatment not provided by the NHS. If that’s the case, these costs could also be claimed back.
• Lost Income.
  If you work for a company who doesn’t pay full sick pay or if you’re self-employed, taking time off work to recover or visit the doctor might be a costly experience. In these situations, it could be possible to ask for any lost income back. Also, for longer-term symptoms, it may be possible to claim for future lost income too.

To help your solicitor claim for special damages, it’s advised that you keep any bank statements or receipts which show your losses.

I Had An Allergic Reaction, How Do I Claim Damages?

If you have decided that you’d like to make a claim for an allergic reaction after eating Papa John’s pizza, Legal Expert could help you. Our team of solicitors have decades of experience handling many different types of claims. If you work with us, you’ll have a solicitor who will be on hand to answer any questions that crop up and who will keep you informed of how your claim is progressing. Also, they’ll strive to try and ensure that you are compensated fully for your suffering.

Please contact an advisor today if you’d like to know more about how we can support your claim.

No Win No Fee Claims If You Suffered An Allergic Reaction After Eating From Papa John’s

One of the first things we’re often asked when clients contact us is how much the claims process will cost them. As you can imagine, the thought of huge legal bills can be off-putting when deciding whether to claim or not. For that reason, our solicitors can reduce your stress and financial risk by providing a No Win No Fee service for claims they take on.

The first step in the process is an assessment of your claim by the solicitor. If they think you’ve got a chance of successfully claiming, they’ll give you a Conditional Fee Agreement (CFA) to sign. This is your No Win No Fee agreement that you’ll use to fund your case. The main advantages of claiming in this way are:

• You don’t pay any fees upfront. That makes it easy for your solicitor to start almost immediately.
• You are not required to pay any solicitor’s fees during the course of your claim.
• If the claim fails, your solicitor won’t ask you to pay any of their fees whatsoever.

To save you having to send payment to your solicitor if they win the claim, they’ll retain a modest percentage of your compensation to cover their costs. This is called a success fee. The amount you’ll pay will be clearly listed in your CFA. Also, they’re legally capped so you don’t have to worry too much about this.

Find out today if you’re eligible to claim using our No Win No Fee service by calling a member of our team.

Talking To A Solicitor About Your Claim

We hope you’ve found this guide about claiming compensation for an allergic reaction after eating Papa John’s pizza useful. Furthermore, we hope that if you’re going to start a claim yourself, you’d like Legal Expert to help you do so. If that’s the case, there are many ways to get in touch including:

• Using the live chat tool to connect with an advisor online.
• Calling a specialist advisor for free legal advice on 0800 073 8804.
• Emailing details of what happened to info@legalexpert.co.uk.
• Or by requesting a call from a member of our team. To do so, please complete this online claims form.

When you contact our team, an advisor will review your claim with you. They’ll assess any evidence that you’ve supplied and provide you with free advice about your options. If your advisor thinks your claim has merit, they’ll refer you to one of our specialist personal injury solicitors who specialise in allergy claims. Any claim that they decide to handle will be carried out on a No Win No Fee basis.

Resources

Thanks for reviewing our guide about claiming for an allergic reaction after eating Papa John’s pizza. This is the last section of the guide, so we’ve provided you with some additional information including some helpful links and guides. If you need any further advice, please contact an advisor today.

Restaurant Allergy Claims – Information on how you can make a personal injury claim for an allergic reaction in a restaurant.

Nut Allergy Claims – A guide that explains when you might be eligible to claim compensation for a nut allergy.

Gluten Intolerance Claims – Details of when a food retailer might be liable for suffering caused by a gluten allergy.

Allergy Symptoms – More detailed information on the symptoms that are possible when suffering an allergic reaction.

Food Standards Agency – The government body responsible for enforcing food-related legislation.

The Food Safety Act 1990 – A piece of legislation used to provide a framework for all food legislation in England, Scotland and Wales.

Other Guides Available To Read

• Leeds Bradford Airport Accident Claims Guide
• Belfast Airport Accident Claims Guide
• Brittany Ferries Personal Injury Claims Guide
• Stornoway Airport Accident Claims Guide
• Inverness Airport Accident Claims Guide
• Can I Claim Compensation For An Amazon Warehouse Accident At Work?
• Liverpool City Council Personal injury Claims Guide
• The Isle Of Man Personal Injury Claims Guide
• £4,100 Compensation For A Broken Knuckle Claim

Guide by Hambridge

Edited by Billing