Allergic Reaction After Eating Miller & Carter – Can I Claim Compensation?
If you’ve had an allergic reaction after eating at a Miller & Carter restaurant, you may have grounds to file a personal injury claim if you can show the restaurant breached its duty of care, which led to you coming to harm.
Our guide to claiming compensation for a food allergy reaction in Miller & Carter explains what evidence would be required, your rights as a consumer and the responsibilities of all businesses that serve or sell food to the public.
We explain what symptoms you may suffer if you have a food allergy, both minor ones and those which are a lot more severe. We also cover the consequences of suffering a food-related allergic reaction in Miller & Carter and what level of compensation you may receive in a successful personal injury claim, both in general damages and special damages.
The guide also explains how signing a No Win No Fee agreement with a Legal Expert solicitor can take all the worry of finding the money to pay for legal representation when you need it the most.
For more information on how to go about making a personal injury claim for an allergic reaction after eating at Miller & Carter, please click on the sections below. Alternatively, if you feel ready to start your claim, please contact Legal Expert on 0800 073 8804.
Select A Section
- What Is A Food Allergy?
- Do Some Foods More Commonly Cause Allergic Reactions?
- How Many People Are Affected By Food Allergies?
- Can You Ask Staff Not To Serve You An Allergen?
- Staff Did Not Follow My Allergy Request
- What Are My Rights If I Had An Allergic Reaction At A Restaurant?
- How To Claim If You Didn’t Tell The Restaurant About An Allergy
- Miller & Carter Menu And Allergy Information
- Miller & Carter Allergic Reaction Compensation Calculator
- Additional Ways in Which You May Be Compensated
- How Allergic Reaction Solicitors Help You
- No Win No Fee Claims For Allergic Reactions From Miller & Carter
- How Do I Start My Claim?
- Where Can I Find Out More?
You could experience food allergies in Miller & Carter or other restaurants for a number of reasons, and several ingredients commonly used in dishes served in a restaurant, takeaway, or eatery could be the triggers.
When you suffer a food related reaction, your immune system thinks something you ate is a threat and consequently goes into overtime to overcome this. You may suffer symptoms straight away, or they could manifest themselves much later, whether this is hours or even days later.
What Is A Food Allergy In A Gourmet Burger Kitchen?
You may be wondering what an allergy or allergic reaction actually is and what could trigger them. The most common food related allergies are as follows:
- Egg allergies
- Nut allergies
- Dairy allergies
- Milk allergies
- Soy allergies
- Wheat allergies
- Cereal allergies
- Fruit allergies
- Celery allergies
- Gluten allergies
- Fish allergies
- Seafood allergies
- Shellfish allergies
- Mustard allergies
- Lupin allergies
- Sulphur dioxide allergies
The most common food related allergies are IgE-mediated with the symptoms being as follows:
- You could experience trouble breathing and have a shortness of breath
- Your throat, mouth and face may swell up
- You could develop hives
- You may start feeling dizzy, or faint
- You could start wheezing
- You may start to feel sick and experience a bout of vomiting
- You may suffer similar symptoms to those associated with hay fever
- You could have difficulty swallowing
- You could develop a life-threatening condition known as anaphylaxis which must be treated as a medical urgency
You could also suffer a non-IgE-mediated allergic reaction which may see you experience the following:
- You could suffer symptoms similar to those associated with eczema which includes red, dry, cracked skin
- You may feel sick
- You could develop stomach cramps
- You may become constipated
If you suffered a food allergy reaction in Miller & Carter and would like to know if you have a valid claim, please get in touch with Legal Expert today.
As previously touched upon, there are certain allergies which are more prevalent than others when it comes to food. They are:
- 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
If you know what could trigger a reaction, you can ask for the ingredients to be left out of the meals you order, bearing in mind that this is at the discretion of the restaurant. However, if they agree to leave out the ingredients and forget to do so, and you suffer an allergic reaction after eating in Miller & Carter, you may have grounds to seek compensation—provided you can prove the restaurant breached its duty of care.
Allergy UK published a report relating to the number of sufferers in the UK, which highlighted the fact that people who suffer from some type of allergy has been rising over the last few decades. The report showed that the UK has the highest percentage of allergy sufferers in the world with over 20% of people being afflicted. The charity’s report also highlighted the fact that 44% of all adults in the UK suffer from more than one allergy.
If you can prove that Miller & Carter was responsible for the triggering of your food allergy, and you would like to know if you have a strong case, please get in touch with a member of the Legal Expert team today. You would be offered a free, no-obligation initial consultation to assess whether your personal injury claim against the responsible party is valid.
You can ask a waiter or person serving you to leave out any ingredients you know could trigger a food allergy in Miller & Carter. However, this would be up to the discretion of the restaurant.
If the restaurant agrees to leave out the following ingredients and you still suffer a reaction to the food you ordered, you could have grounds to file a personal injury claim. Examples of some requests you could make include:
- No cheese
- No tomatoes
- No eggs
- No wheat
- No oats
- No fish
- No milk
- No nuts
Food outlets, which include restaurants, takeaways and eateries, must abide by the law, which means they must inform you of any allergens used in the preparation of the meals they serve/sell.
These must be clearly displayed on a menu, or a prompt may be used to clarify this to consumers. Should Miller & Carter fail in their duty to let you know about the allergens contained in the food they sell, they would be contravening UK law. As such, you may be able to seek compensation by making a personal injury claim against them if you go on to suffer harm and can prove it was their fault.
For more information on whether you have a strong personal injury claim for a food allergy triggered in Miller & Carter, please get in touch today.
If you made any of the below requests and the restaurant agreed to your request, yet forgot to do so and you suffered a reaction, you could seek compensation for your pain and suffering:
- No cheese
- No tomatoes
- No eggs
- No wheat
- No oats
- No fish
- No milk
- No nuts
How Negligence Could Expose You To An Allergen
Should you experience an allergic reaction after eating in Miller & Carter due to the negligence of staff or management who failed to inform you of the allergens used, you could make a personal injury claim for compensation, provided you can prove the failings of the restaurant.
All food businesses in the UK have a legal duty to let you know what allergens are used and if they fail to do so and as a consequence you suffer a reaction to the food you were served, you could have grounds to seek compensation.
As previously mentioned, food businesses in the UK whether they sell or serve food to the public, are legally obliged to inform consumers of any allergens used in the food they prepare. Another legal requirement is to ensure that premises and facilities are safe for the public to use.
Restaurants, takeaways, eateries and other food outlets must tell the ‘truth’ about the food and the ingredients used in the meals they prepare and must not provide any misleading information which could put the consumer at risk.
Should Miller & Carter fail in their duty to keep you safe and as a consequence you suffer a food allergy, and you can prove this was the fault of the restaurant, please contact Legal Expert.
Allergy Warning Failures
As previously mentioned, food businesses in the UK, whether they sell or serve food to the public, are legally obliged to inform consumers of any allergens used in the food they prepare.
UK laws that protect consumers in the UK include:
- Section 14 of The Food Safety Act 1990
- Section 15 of The Food Safety Act 1990
- Article 14 of EC Regulation 178/2002 (General Food Law Regulation)
- Article 28 of EC Regulation 178/2002 (General Food Law Regulation)
Should Miller & Carter fail in their duty to keep you safe and as a consequence you suffer a food allergy reaction, please contact Legal Expert.
Allergy Warning Failures
The law in the UK as stated in Article 14 of the EU’s General Food Law Regulation stipulates that businesses that serve or sell food to consumers must make sure the produce sold is safe to eat.
This applies to prepared food, pre-packaged, served in a restaurant, takeaway or other type of eatery. A restaurant like Miller & Carter is legally obliged to list all allergens used in the meals they prepare so the consumer is aware of any ingredients that may be harmful to their health and well-being.
If you suffered an allergic reaction after eating in Miller & Carter because the restaurant failed to follow the law regarding labelling and allergen information, you could seek compensation.
For more information, please get in touch with Legal Expert today.
If you didn’t tell the staff in Miller & Carter about your food allergies and you suffered an allergic reaction, you may still be able to seek compensation for the distress and harm you were caused.
This would be the case if it is found that Miller & Carter failed to follow the law and did not inform you of any allergens used in the preparation of the meals they serve on their premises. It may also arise in cases of cross-contamination, or if the chefs deviated away from the recipe.
To discuss your potential personal injury claim, please speak to a member of the Legal Expert team today.
The menu at Miller & Carter includes wonderful desserts and they offer a gluten-free menu too. This includes the following:
- Bread Board
- Blended Beef Dripping Butter, Olive Oil & Balsamic Vinegar, Marinated Olives
- Halloumi Fries (V)
- Garlic Bread With Melted Cheese – For One (V)
- Garlic Bread With Melted Cheese – To Share (V)
- Garlic Bread – For One (V)
- Garlic Bread – To Share V
- Mediterranean Olives (Ve)
- House Nachos – For One (V)
- House Nachos – To Share (V)
- Box-baked Camembert V
- Salt & Pepper Calamari
- Sticky Chipotle Chicken
- Duck Parfait
- Prawn & Crayfish Cocktail
- Spiced Rum Barbeque Wings
- Baked Cheddar Mushrooms (V)
- Wild Atlantic Scallops
- Mint & Garlic Lamb Rump
- Pork Fillet Wrapped In Bacon
- Buttermilk Chicken
- Smoky Barbecue Ribs – Half
- Smoky Barbecue Ribs – Full
Fish, Salads & Vegetarian
- Grilled Seabass
- Hand Battered Cod
- Roasted Cauliflower Wedge (Ve)
- Signature Wedge Salad
- Signature Wedge Salad – With Sliced Fillet Tails
- Signature Wedge Salad – With Grilled Chicken Breast
- Signature Wedge Salad – With Flattened Rump 7oz
- Signature Wedge Salad – With Fried Halloumi
- Gigantic Chocolate Fudge Cake V
- Banoffee Pie V
- Peach, Mango & Passion Fruit Eton Mess V
- Espresso Tiramisu V
- Ice Cream And Cookie
- Sticky Toffee Pudding V
- Belgian Chocolate Brownie V
- Knickerbocker Glory Sundae V
- Bramley Apple & Rhubarb Crumble Ve
- Classic Crème Brulee V
- Mini Dessert & Coffee – Crème Brulee
- Mini Dessert & Coffee – Eton Mess
- Mini Dessert & Coffee – Brownie
Our guide to seeking compensation if you suffered an allergic reaction after eating in Miller & Carter provides a table offering an idea of how much compensation you could receive in a successful personal injury claim.
The amounts shown in the table below are based on the Judicial College Guidelines and are awarded as general damages. They do not include any special damages you may be able to claim for the out of pocket expenses and losses you incurred.
|Level of Injury||Notes||Compensation awarded (general damages)|
|Mental anguish||A fear of impending death||£4,380|
|Slight allergic reaction||Minor symptoms that resolve in a short space of time||From around £860 to £3,710|
|Moderate allergic reaction||Significant discomfort which may lead to hospitalisation for a few days||£3,710 to £8,950|
For a more accurate estimate on how much allergic reaction compensation you could receive, please get in touch with a member of the Legal Expert team today.
On top of the general damages you could be awarded in a successful personal injury claim, you could be entitled to claim ‘special damages’, which are awarded to compensate claimants for their losses and out of pocket expenses.
You must provide evidence of your losses and expenses in the form of receipts and other relevant documentation. A failure to do so could see your claim for such costs rejected.
The sort of expenses and losses you could include in a personal injury claim would include:
- Your medical expenses which include private healthcare and the cost of prescriptions
- Your travel expenses which include parking fees at a medical facility where you are being treated, or the cost of getting there and back whether you go by train, car, bus, or taxi
- Should you require help around the home during your recovery, you could claim care costs
- Your loss of income and any future earnings if you cannot work again
For more information on special damages and what you could include in a successful personal injury claim, please get in touch today.
Allergic reaction claims can often be complex because proving negligence can be challenging. As such, it is wiser to seek advice from an experienced personal injury solicitor who could quickly assess your case to establish who could be held liable.
Once this has been determined, a solicitor would offer to represent you on a No Win No Fee basis. In short, you would not have to pay an upfront fee or ongoing fees for the lawyer to begin their investigations.
A No Win No Fee lawyer would also provide vital assistance when it comes to gathering evidence against the party responsible and would handle all aspects of your personal injury claim.
To find out how the team at Legal Expert can be of assistance, please get in touch today. We’re proud of the service we offer to our thousands of clients, and you can read their thoughts and feelings on our reviews page by clicking here.
No Win No Fee agreements allow you to seek compensation with fewer financial worries. This is because once you sign the agreement with a No Win No Fee lawyer, they would not ask you to pay an upfront fee. The lawyer would not request that you pay any ongoing fees as your personal injury claim progresses either.
The only time you pay for the legal services provided by a No Win No Fee lawyer is when you receive your compensation. Your lawyer’s fee, which is referred to as a ‘success fee’, is deducted from the compensation you are awarded to cover their costs. It is capped at a low level, so you won’t lose out on much of your compensation.
Should your allergy compensation claim be unsuccessful, you would not have to pay the ‘success fee’ because you signed an agreement with the lawyer who represented you.
For more information on No Win No Fee agreements, please speak to a member of the Legal Expert team today.
To begin a personal injury claim for a food allergy in Miller & Carter you experienced through the negligence of a responsible party, please call a member of our team today. You can reach Legal Expert in the following ways:
- By calling 0800 073 8804
- By writing to us via our contact form – click here
- Or by using our live chat, bottom right
The link provided below takes you to a guide on how to go about making a restaurant allergy claim:
For more information regarding 14 allergens known to trigger reactions, please follow the link below:
The link below takes you to the NHS website where you will find valuable information on how allergies are diagnosed:
If you would like more information on alerts provided by Allergy UK, please click on the link below:
Guide by Wood
Edited by Billing