Kebab Takeaway Allergic Reaction Claims Guide
By Daniel Archer. Last Updated 12th September 2022. Kebab shops have been a popular destination on a night out for many years on the UK’s high streets.
They offer a quick, easy and affordable meal that can be eaten on the go on the way home or when moving to a different venue. While most people can walk into a kebab shop and simply order whatever takes their fancy, people who suffer from food allergies need to be very careful about placing an order.
To make this process easier and safer, legislation is in place that means all food-related businesses need to clearly indicate when an allergen is present in their food. This article will look at what happens when that doesn’t happen and when you might be able to claim for an allergic reaction after eating in a kebab takeaway.
Legal Expert specialises in helping with personal injury claims. Our team of friendly advisors provide a no-obligation telephone consultation where your claim will be assessed.
You’ll be given free legal advice on the claims process and, if your claim appears viable, you’ll be connected to a personal injury solicitor.
To ease the financial concerns about making a claim, our solicitors provide a No Win No Fee service for any claim they take on.
If you would like to discuss your claim today, please call 0800 073 8804. Otherwise, carry on reading for more information on claiming for an allergic reaction to a kebab.
Select A Section
- A Guide AboutClaims For An Allergic Reaction After Eating At A Kebab Shop
- Allergic Reaction – What Is A Food Allergy?
- Foods That Could Commonly Trigger An Allergic Reaction
- The Top Kebab Shops And Takeaways
- Statistics On Fast Food Allergies
- How To Ask For Allergy Free Foods
- Allergy Warning And Labelling Legislation
- How To Inform Takeaways About Your Allergy
- Allergic Reaction After Eating At A Kebab Takeaway Compensation Calculator
- No Win No Fee Claims For An Allergic Reaction After Eating At A Kebab Takeaway
- Contact Us
- Guides And Sites With Further Useful Information
A Guide About Claims For An Allergic Reaction After Eating At A Kebab Shop
When you’re on a night out, you might decide that you want to sit down and have a meal to finish the night off. Or, you might decide to grab a takeaway on the way to the bus or taxi home. For many, that meal is often from the local kebab shop or van.
If you’re one of the many people who suffer from a food allergy, you’ll need to be very careful about what choice you make when ordering. To help with this, a kebab shop needs to list any allergens that are in their food clearly. Also, if there is a chance of cross-contamination, they need to advertise that risk too. In this article, we’ll consider your rights if that doesn’t happen and when the takeaway’s negligence causes you to suffer an allergic reaction.
A personal injury claim is generally not an easy process, especially if the defendant denies liability. That’s the reason we advise you to have the support of a specialist personal injury solicitor. Our team has been managing cases for over 30-years and know what evidence is needed to substantiate your claim.
Our advice to all potential claimants is to get in touch as soon as possible. There is a 3-year personal injury claims time limit which your claim needs to be filed within. Starting early gives your solicitor ample time to gather medical evidence, witness statements and other evidence to support your claim. Also, it’s so much easier to discuss your claim and remember what happened within a few weeks of it happening than trying to recall events a year down the road.
At the end of this article, you’ll find a section containing our contact details. Please get in touch with us if there are any remaining questions or if you would like Legal Expert to help you start a claim.
Allergic Reaction – What Is A Food Allergy?
If you have a food allergy, this means you could have a reaction to certain ingredients in a meal. Allergies can be quite minor, but in some extreme cases, they can be fatal.
There are many people who have a food allergy. A statement on the menu of an eating establishment should tell readers which dishes may contain certain common allergens such as nuts or dairy products. If allergens are not listed on the menu, then this information should be available via other means – even in verbal form from the staff.
If you make staff aware of a food allergy, but they serve you a meal with the allergen present, then you could potentially make a claim if your health were to suffer as a result.
You can read more about food allergies on the NHS website.
How Anaphylactic Shock Could Affect You
Anaphylactic shock (or anaphylaxis) is the most serious type of allergic reaction that can happen. It needs to be treated urgently by the emergency services. That’s because anaphylaxis is life-threatening. When you read about the unfortunate cases of allergic reactions killing people, it is usually due to anaphylactic shock.
Some of the main symptoms are:
- Breathing difficulties.
- Feeling faint or dizzy.
- A tight chest.
- Swollen tongue.
- Difficulty speaking or swallowing.
- Collapsing or becoming unconscious.
If you would like to claim for an allergic reaction after eating in a kebab takeaway that caused you, or a loved one, to suffer anaphylactic shock, please call our team today.
Foods That Could Commonly Trigger An Allergic Reaction
When researching what causes allergic reactions, the number of different food ingredients is quite surprising. For reference, we’ve detailed some in a comprehensive list of allergies below:
- Lupin Allergy.
- Fish Allergy.
- Egg Allergy.
- Milk Allergy.
- Fruit Allergy.
- Wheat Allergy.
- Soy Allergy.
- Dairy Allergy.
- Cereal Allergy.
- Sulphur Dioxide Allergy.
- Shellfish Allergy.
- Gluten Allergy.
- Celery Allergy.
- Seafood Allergy.
- Nut Allergy.
- Mustard Allergy.
When an allergic reaction happens, the body’s immune system sends antibodies such as histamine and immunoglobulin E (IgE) to try and protect the body. This triggers symptoms, according to the NHS, which include:
- A red, itchy, raised rash called hives.
- Itching in the mouth.
- Nausea or sickness.
- Shortness of breath.
- Swelling of the mouth, face or throat.
- Becoming dizzy.
- Difficulty swallowing.
Unless the reaction causes anaphylactic shock, the symptoms will generally ease over a period of days or weeks. Whatever food caused the reaction, and whatever symptoms you experienced, we could help you begin a claim for any suffering. Please get in touch with an advisor for free advice on how to begin.
The Top Kebab Shops And Takeaways
Here are some of the most popular kebab shops in the country for your information:
- Sam’s Grill House (Wales).
- Kabul City Restaurant (London).
- German Doner Kebab (West Bromwich).
- I Am Doner (Leeds).
- Divan Restaurant Ocakbasi (London).
- The Ottoman Doner (London).
- Cappadocia Restaurant (London).
Common Types Of Kebab Dishes
And here are some of the more popular types of kebab:
- Doner Kebab (lamb).
- Doner Kebab (chicken).
- Shish Kebab.
- Chatpatey Coconut Kebab.
- Hara Masala Kebab.
- Rajma Ke Kebab.
- Kathi Kebab.
- Chelow Kebab.
Statistics On Fast Food Allergies
While there aren’t any specific statistics regarding allergies to fast foods, we have listed some data relating to all allergies from the charity Allergy UK:
- Almost one-third of allergy sufferers have had to adjust their lifestyle to reduce the risk of suffering.
- In the period March 2013 to February 2014, the number of hospitalisations caused by an allergy increased by 7.7% to 18,862.
- The least likely section of society to suffer from allergies is pensioners. There is a 30% allergy rate in this group. For under 35s, the figure is as high as 50%.
It’s important to point out that the data provided covers all types of allergy, not just those caused by food.
How To Ask For Allergy Free Foods
If you decide to purchase food from a kebab van, takeaway or shop, you’re well within your rights to ask for items to be left out. For instance, you could say that you don’t want any tomato included. That could be because you don’t like the taste of tomatoes or because you’re allergic to them. In some cases, you might be told that your request is not possible and be asked to choose something else.
However, if the staff member who serves you agrees to your request, you could make a claim against them if the order isn’t fulfilled correctly and causes you to suffer an allergic reaction.
What Happens If Your Meal Is Not Allergy Free?
Looking at the scenario above, if your meal contained an allergen you had asked to be left out, you might be able to sue the kebab shop if you go on to suffer a reaction. To help prove the claim, we’d advise you to take photographs of the food and take down the details of anybody who witnessed your discussion with staff.
You should also seek medical treatment for your allergic reaction, if necessary, and then consider contacting Legal Expert to discuss starting a claim.
Allergy Warning And Labelling Legislation
For your guidance, we’ve listed some of the relevant legislation that applies to food retailers and producers.
- EC Regulation 178/2002 (General Food Law Regulation) provides the general principles of food law including making it illegal to sell dangerous foods.
- Section 14 of The Food Safety Act 1990 is used to make sure food is of the nature, quality or standard demanded.
- Section 15 of The Food Safety Act 1990 is used to ensure food is not misleadingly presented.
How Should Allergens Be Listed?
We have mentioned the legal obligation of takeaways and restaurants to display allergen information already, but how do they need to do so? Here are a few options available to them:
- Listing each allergen, or potential allergen, on the menu you choose your food from.
- Displaying a sign in the shop that explains where you’ll find allergen information. This sign should be in a prominent position.
- Staff telling you about allergens contained in specific products when asked.
Should no clear allergen advice have been provided, or no guidance as to how you could obtain this advice be given, and you go on to suffer a reaction, you could have a valid claim. Please let us review your case and provide you with free advice.
How To Inform Takeaways About Your Allergy
If you have a kebab takeaway allergy, it might be a good idea if you tell the staff about it before placing an order. However, if you forget to do so and you go on to have a reaction in a kebab shop, you could still be entitled to compensation.
That’s because the legal duty of care regarding allergies is not on you. Instead, it’s on the takeaway to make sure that there’s easily accessible information about allergens contained within their food for all customers.
That means that if your allergic reaction was caused because there was no allergen information available, Legal Expert could help you claim whether you told the kebab shop staff or not. Please call today to discuss how we could help.
Allergic Reaction After Eating At A Kebab Takeaway Compensation Calculator
This is the part of our guide where we look at how much compensation you could receive. As claims are unique, we have opted not to include tools such as a personal injury compensation calculator due to the fact they might provide confusing figures. Instead, we’ve used data from the Judicial College Guidelines (JCG) to prepare the following table. The JCG is used in courts and by lawyers and insurers to help determine compensation amounts. The table contains examples of compensation that might be paid for relevant injuries.
Reaction / Injuries Severity Compensation Further Comments
Allergic Reaction Moderate £3,950 to £9,540 An allergic reaction where the claimant would need to attend hospital for treatment. Usually, the symptoms would clear up in a couple of weeks but there might be some which remain for up to a year.
Allergic Reaction Severe £38,430 to £52,500 An allergic reaction that causes long-term symptoms and suffering. Symptoms might be permanent and could have an impact on the ability to work.
Allergic Reaction Minor Up to £3,950 This is for the most minor symptoms like skin rashes that usually resolve within a few days or weeks.
Allergic Reaction Serious £9,540 to £19,200 An allergic reaction of this type will result in hospitalisation for a while. Symptoms will be severe but short-lived and most will clear rapidly following treatment.
It’s important that your solicitor can show evidence which explains your level of suffering. Without it, you might receive a lower amount of compensation than your injuries warrant. That’s why, as part of the process, you’ll have a medical assessment booked locally. At the appointment, a doctor or medical specialist will examine you, review your medical notes and ask questions about the effect of your symptoms. They’ll then write down their conclusions in a report for your solicitor.
We should make it clear that the importance of this type of evidence means a medical assessment is mandatory for all personal injury claims.
How Special Damages Could Be Awarded Or Calculated?
So, in the previous section, we provided example compensation amounts used to cover the pain and suffering caused by your injuries. This is called general damages. On top of this, you could also be entitled to compensation to cover any costs relating to the reaction
This part of your claim is called special damages which can include:
- Care Costs.
This element of the claim can cover the time of a friend or family member who’s looked after you while you’re recovering. It could also cover the fees of a professional carer in more serious cases.
- Travel Costs.
Should your allergic reaction mean you’re unable to drive while you recover, it may be possible to seek the cost of any alternative arrangements to be paid back. Also, any fuel or parking fees associated with medical appointments could be payable.
- Lost Income.
Where the symptoms of your allergic reaction leave you unable to work for a while, you could ask for your loss of earnings to be paid. Furthermore, if you suffer from longer-term symptoms which reduce your chances of working, you might be able to seek compensation for future lost earnings as well.
- Medical Expenses.
In normal circumstances, most of your treatment for an allergic reaction will be provided for free by the NHS. However, you might still have to spend money on over the counter treatments, non-NHS services or prescriptions. Therefore, these costs could be included in your claim.
To help your solicitor claim for special damages, we’d advise you to keep a record of your spending so it’s easier to recall why you had to make a purchase. Also, supplying evidence of your costs is important so retain bank statements, receipts and wage slips to support your claim.
No Win No Fee Claims For An Allergic Reaction After Eating At A Kebab Takeaway
You might think making a personal injury claim for an allergic reaction in a kebab shop might be expensive. In fact, the price of hiring a solicitor might be the one thing that’s stopping you from making a claim. We understand those concerns so all of our personal injury lawyers offer their services on a No Win No Fee basis so as to reduce your financial risk for claims they take on.
The process begins with an assessment of your case to make sure it has merit. When both you and the solicitor are ready to proceed, a Conditional Fee Agreement (or CFA) will be drawn up for you.
The CFA funds your claim and means that:
- You won’t have to pay any upfront fees for the claim to start.
- There won’t be any solicitor’s fees to pay while the claim progresses.
- If the claim is not won, none of your solicitor’s fees will be charged to you at all.
To cover your solicitor’s work and costs, if they win the case, they’ll retain a nominal percentage of your compensation. This is listed in the CFA as the success fee. The good news is success fees are capped by law and you’ll know exactly how much you’ll pay when you sign the CFA.
Ask an advisor to check if you can use our No Win No Fee service by calling them today.
You’ve just about completed our article on claims for an allergic reaction after eating in a kebab takeaway. We hope that you’ve decided whether your claim is valid and, if so, that you would like Legal Expert to support you. If that’s true, you can contact our team by:
- Calling 0800 073 8804 to explain the circumstances of your claim to an advisor.
- Use our live chat channel to find out your options from an online advisor.
- Email a summary of your claim to email@example.com.
- Ask us to contact you when it’s convenient by completing our online enquiry form.
When you call us, an advisor will review how your allergic reaction happened and how it caused you to suffer. If they believe your claim has a chance of success, they’ll put you in touch with one of our personal injury solicitors. Should they concur, and take your claim on, they’ll offer a No Win No Fee service to handle your claim.
Guides And Sites With Further Useful Information
In this article about claiming for an allergic reaction after eating in a kebab takeaway, we aimed to supply all the information you would need to start a claim. In an effort to support you further, here are some extra useful guides and resources:
Food Delivery Safety – Safety information for businesses who offer a delivery service to their customers.
Allergens In The Workplace – Advice for businesses on how to reduce the risk of allergens in the workplace.
Food Intolerances – A detailed look at food intolerance by the NHS.
Suing A Restaurant – This guide aims to advise you on how to sue different types of restaurants following an allergic reaction.
Bar Accident Claims – Information on when you could make a claim against a pub, bar or nightclub following an accident.
Beauty Treatment Claims – Advice on claiming for allergic reaction due to the chemicals in beauty treatments.
Learn how to claim after slipping on ice in a public place with our helpful guide.
Guide by Hambridge
Edited by Billing