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Allergic Reaction After Eating At Taco Bell – Can I Claim Compensation?

By Daniel Archer. Last Updated 21st June 2022. Did you know that it is the responsibility of Taco Bell to provide you with information about the allergen content of the food it sells? This means that in certain circumstances following an allergic reaction after eating at Taco Bell, you could be in a position to make a compensation claim. However, the success of any case will pivot on proving the restaurant breached its duty of care. This guide aims to show you what these circumstances are, and how best to proceed with a claim if you find yourself in the same situation.

Allergic reaction after eating Taco Bell claims guide

Furthermore, we will explain how you may be able to use the services of a No Win No Fee solicitor to process your personal injury claim, reducing the financial risk of doing so considerably. 

Every claim has its own unique points, so you may find that this guide doesn’t address all of the questions that you have. If this is so, we can still help you, don’t worry. You just need to give our team of advisors a call on 0800 073 8804 for a chat.

They are available 24 hours a day to take your call and can answer all of the questions you might have, as well as help you to get your claim started.

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A Guide To Claims For An Allergic Reaction After Eating Taco Bell

If eating has triggered your food allergy in Taco Bell, this guide is for you. You will need to be within the applicable personal injury claims time limit to make a claim, which is 3 years from the date of the reaction. If you are, then the contents of this guide will try to show you why you could have a valid claim and how to proceed with it. As an introduction, we give an overview of what an allergic reaction is, and why one might become the basis of a compensation claim.

The first few sections of this guide are all related to allergic reactions, what they are and what causes them. We take a look at the most common allergens and the kinds of food they can be found in, and follow this with some statistics about food allergies in the UK. You will find sections that cover dealing with Taco Bell when ordering, and what your rights are when ordering food in a restaurant, for takeaway, or for delivery.

The later sections of this guide move on to look at financial and legal considerations. We have added a compensation table, as well as a list of some of the more frequently seen types of damages you could be awarded. We explain how we can help you with our claim, and give an overview of how our No Win No Fee service works.

Remember, as well as offering you free legal advice about how to move your claim forward, one of our advisors can arrange for a personal injury lawyer to begin working on your claim almost straight away. 

The sooner you give us a call, the sooner you can get your claim underway, and the sooner you could receive any compensation you are entitled to. The telephone number at the beginning or end of this guide can be used to contact us, and our claims team is available 24/7 to assist you.

What Are Taco Bell Allergic Reactions?

An allergic reaction occurs when the human body wrongly identifies a substance as a toxin and triggers a response to negate this toxin. This involves releasing a large amount of histamine, which will rush to the affected area, causing fluids to well up, and hopefully flushing the toxin away. 

For example, when eating Mexican food, if your peanut allergy is wrongly triggered, your eyes may begin to water, your throat could swell up and your nose might become stuffy. All of these symptoms are caused by the massive influx of histamines.

There are 14 known allergens in food that are covered by rules and regulations in the UK (more on this later). When you are exposed to one of these allergens through negligence on the part of Taco Bell, you could have a valid claim provided that you can prove their failings. For example:

  • A member of the serving staff delivers the wrong dish to your table, containing an allergen that you have a known allergy to.
  • The restaurant operator fails to provide accurate allergen information on the menu, and you suffer an allergic reaction because of this.
  • Your dish is cross-contaminated with allergens.

We can help you to make a compensation claim if one of these situations above, as well as others, can be proven. Please speak to one of our expert advisors to learn more about this.

What Are The Symptoms Of A Food Allergy?

If you suffer an allergic reaction after eating at Taco Bell, you may manifest one or more of the known symptoms of an allergic reaction, and these include:

  • An itching or tingling feeling in your mouth.
  • An itchy, red skin rash, that can present itself anywhere on the body.
  • A swollen face, mouth, eyes, throat and other areas of the body.
  • A tight throat and problems swallowing.
  • Being short of breath and wheezing.
  • Nausea or vomiting.
  • Dizzy spells.
  • Pain in your stomach.
  • Sneezing and irritation of the nostrils.
  • Falling unconscious.

Some allergic reactions are mild, and only exhibit on or two symptoms from this list. Others are very serious indeed and could kill the victim unless they receive emergency medical care rapidly. We could possibly help you to claim for even the mildest of allergic reactions, as long as a third party was to blame.

What Are The Most Common Foods Causing Allergic Reactions?

There are 14 common allergens in food that are targeted by food safety regulations. They include:

  • A nut allergy or nut allergies that are triggered by eating the likes of a wedding cake with nuts in it.
  • A dessert made with custard, that triggers an egg allergy.
  • A vegan-friendly milk substitute triggering a soy allergy.
  • A fresh smoothie triggering a fruit allergy.
  • A bagel triggering a gluten allergy.
  • A fresh garden salad triggering a celery allergy.
  • Stir-fried prawns triggering a seafood allergy.
  • Artisan bread triggering a wheat allergy.
  • A breakfast kipper triggering a fish allergy.
  • A cream scone triggering a milk allergy or a dairy allergy.
  • A bean salad triggering a lupin allergy.
  • A burger triggering a mustard allergy.
  • Fresh oysters triggering a shellfish allergy.
  • A bowl of cornflakes triggering a cereal allergy.

Here we can see that it isn’t necessarily exotic or foreign foods that trigger an allergic reaction. Even some of the most common foods that we eat in the UK regularly contain allergens. 

If you are exposed to such allergens due to negligence, and you can prove that the restaurant breached its duty of care, we could be able to help you to make a compensation claim.

How Many People Have A Food Allergy?

As part of this Taco Bell allergy guide, we want to show how big the problem of food allergies is in the UK. Based on a paper published by the National Centre for Biotechnology Information (NCBI), we can extract the following statistics related to food allergies in the UK:

  • Between 1990 and 2007, the number of people suffering from a food allergy in the UK grew by 500%.
  • Hospital admissions that were a result of the patient suffering from anaphylaxis rose by 700%.
  • Between 1990 and 2007, the number of hospital additions caused by a food allergy rose from 5 per million to 26 per million.

We can clearly see that the problem of food allergies is one that is getting worse in the UK. 

As more people suffer from one or more food allergies, eateries must work harder to keep their customers safe. This means that if you are a food allergy sufferer, the health risks of eating out should be slowly decreasing. 

However, in practice, this is not the case. Simple mistakes can lead to your allergy being triggered. In such cases, you might be able to make a claim, and we could help you with this.

Telling The Restaurant That You Have An Allergy

When you eat out, you may decide to tell the serving staff that you suffer from some form of allergy. However, you are under no legal obligation to do so.

As we will see in later sections, the onus is on the restaurant to provide you with sufficient accurate information to make safe food choices. Additionally, when you tell the serving staff about your allergy, you may ask them to point out dishes that don’t have specific ingredients, such as

  • No cheese
  • No tomatoes
  • No oats
  • No milk
  • No nuts
  • No eggs
  • No wheat
  • No fish

If the wrong information is provided, leading to you suffering an allergic reaction, we could be able to assist you in making a claim.

Being Served Food Containing Allergens After Notifying A Restaurant

If you have told the serving staff at a restaurant that you suffer from a food allergy, they should advise you on which dishes are safe, and which could potentially be a problem. If you are eating at Taco Bell, allergy information should also be displayed on the menu (more on this below).

If you subsequently suffer an allergic reaction because you were erroneously served food that contained an allergen, despite the fact you had discussed your dietary requirements with the serving staff, then you could have the basis of a negligence claim. We can provide you with the legal help you need to press such a claim, provided you can supply evidence demonstrating how the restaurant breached its duty of care.

Negligence Leading To Exposure To An Allergen

Besides mistakes made by the serving staff, there is a range of ways that negligence can lead to your allergy being triggered. For example:

  • The allergen information published about Taco Bell ingredients could be wrong.
  • The chef/cook may make a mistake and add an ingredient to a dish that should not have been included.
  • Lax hygiene in the kitchen could result in cross-contamination of allergens.

These are just some examples of the shapes that negligence can take at Taco Bell and could see you experience an allergic reaction. Negligence such as this could be the basis of a claim that we could help you with.

Food Safety Rights, Rules And Legislation

In the UK, there are a number of different rules and regulations that relate to food safety and allergy sufferers. Just a subset of these rules and regulations would be:

  • The need for allergen information to be provided on the packaging of all off-the-shelf foods.
  • Pre-packed food must also have the allergen information printed on the price label.
  • When ordering takeaway or delivery, the Taco Bell employee you are speaking to on the telephone must volunteer allergen information about your food choices.
  • When eating in, the allergen content of each dish must be clearly displayed on the menu, or identify where information can be found. And in the case of daily specials, clearly on a notice board.

If any of the rules are broken by the eatery, then this could be classed as negligence and might be a valid cause to make a claim if you go on to suffer harm. Our team can confirm whether your claim is valid or not if you give them a call.

Failures In Providing Allergy Warning Information

When you are eating at Taco Bell, the menu must contain specific allergen information for each applicable dish, or directions on how to find it. A single Taco Bell allergen statement on the menu as a catch-all may not be enough. Statements such as “may contain nuts” could also be insufficient. If the restaurant is serving daily specials, then the allergen information should also be noted on the specials board for each dish, or close by.

If for any reason you do not have access to the restaurant menu, then the onus is on the serving staff to provide allergen information proactively. For example, if you order a dish that has dairy content, the service staff at the time you place your order should provide you with this allergy information. A failure to provide proper, accurate information that results in an allergic reaction, could be deemed negligence.

How A Solicitor Could Help If You Did Not Tell Taco Bell About Your Allergy

You don’t legally need to tell Taco Bell staff about your food allergy. The eatery is supposed to provide you with all of the allergen information that you need to choose dishes from the menu safely.

Not explaining to the serving staff that you have a food allergy will not jeopardise your right to make a claim for negligence that caused you harm. Call our team today to find out if you have a valid claim or not.

Taco Bell Nutritional Information

The Taco Bell website has a very good tool for finding out which dishes are safe to eat with reference to the full range of 14 allergens. On the allergen information page, you may select tick boxes for one or more allergens, and then the menu will be displayed, with an icon to the right of each dish showing whether the dish contains an allergen that was selected. At the time this guide was published the menu included:

Featured

Chalupa Supreme – Beef

Chalupa Supreme – Black Bean

Chalupa Supreme – Shredded Chicken

Cheesy Gordita Crunch

Favourites

Crunchwrap Supreme – Beef

Crunchwrap Supreme – Black Beans

Crunchwrap Supreme – Shredded Chicken

Quesadilla – Beef

Quesadilla – Black Beans

Quesadilla – Cheese

Quesadilla – Shredded Chicken

Burritos

7-Layer Burrito

Crispy Chicken Burrito

Double Cheesy Black Bean Burrito

Volcano Burrito – Beef

Volcano Burrito – Black Beans

Volcano Burrito – Shredded Chicken

Tacos

Crunchy Taco – Beef

Crunchy Taco – Black Beans

Crunchy Taco – Shredded Chicken

Crunchy Taco Supreme – Beef

Crunchy Taco Supreme – Black Beans

Crunchy Taco Supreme – Shredded Chicken

Soft Taco – Beef

Soft Taco – Black Beans

Soft Taco – Shredded Chicken

Soft Taco Supreme – Beef

Soft Taco Supreme – Black Beans

Soft Taco Supreme – Shredded Chicken

Shareables

Fries Bell Grande

Fries Supreme

Nachos Bell Grande

Cravings Value Menu

Beefy Nacho Griller

Cheesy Roll-Up

Churros

Cinnamon Twists

Crispy Chicken Soft Taco

Sides & Extras

Black Beans

Guacamole

Jalapeños

Mexican Fries (Large)

Mexican Fries (Regular)

Mexican Fries with Cheese Sauce (Large)

Mexican Fries with Cheese Sauce (Regular)

Nacho Cheese Sauce

Nacho Chips (Large)

Nacho Chips (Regular)

Nacho Chips with Cheese Sauce (Large)

Nacho Chips with Cheese Sauce (Regular)

Pico de Gallo

Seasoned Rice

Sour Cream

Add-Ons

Extra Seasoned Beef

Extra Shredded Chicken

Fire Sauce

Heinz Light Mayonnaise Sachet

Heinz Mayonnaise Sachet

Hot Sauce

Mild Sauce

Desserts

Churros (2) with Dulce de Leche

Churros (6) with Dulce de Leche

Grande Cinnamon Twists

How Much Could I Claim For An Allergic Reaction At Taco Bell?

At establishments such as Taco Bell, allergy info must be available in some form. You could ask staff for Taco Bell allergen information if you are aware that you suffer from certain allergies.

In a successful allergy claim, the sum that you receive for the impact on your health is called general damages. We’ve included some example general damages figures in the table below.

They have been taken from the Judicial College Guidelines (JCG). This is a publication that is used by legal professionals as part of the process of valuing your claim. It is updated fairly regularly, with the last update being in 2022.

Edit
Health Issue How Bad? Notes Compensation
Allergic Reaction Severe In this bracket, we would include a severe allergic reaction, resulting in a case of anaphylaxis, that could potentially be life endangering. Symptoms would require immediate emergency treatment, followed by hospitalisation. The main symptoms would heal within four weeks, but there may be ongoing, life-changing symptoms for up to two years. £38,430 to £52,500
Allergic Reaction Serious In this bracket, we would include a serious allergic reaction, with very painful symptoms, that will need medical treatment before they dissipate. There could be ongoing symptoms for some time after the event, for up to two years. £9,540 to £19,200
Allergic Reaction Moderate In this bracket, we would include a moderate allergic reaction, causing symptoms that would be very uncomfortable and possibly quite painful. Medical treatment and prescription medication may be required to treat the main symptoms, but recovery would generally be complete within four weeks. £3,950 to £9,540
Allergic Reaction Minor In this bracket, we would include a minor allergic reaction with symptoms that are uncomfortable rather than painful. Medical treatment would not be required. The victim may need to use their own over-the-counter medication to treat the symptoms. Recovery should happen within a few days. Up to £3,950

The figures are only guidelines. Get in touch today if you’ve become ill after eating at Taco Bell.

How You Could Be Compensated For Costs And Losses

When personal injury claims are won, the claimant will receive a settlement that is made up of two types of damages. First, general damages are calculated on the severity of harm the victim suffered, and how long they will suffer for. For example:

  • Being disabled for the rest of your life.
  • Having to go through traumatic treatment.
  • Mental issues (panic attacks for example).
  • Shock and trauma.
  • The general pain of your symptoms.
  • The overall impact on your enjoyment of life.

Second, there are special damages, which are paid to compensate for financial and other losses. Full documented evidence will be needed in order to claim for expenses such as:

  • Not being able to earn as much in the future due to ill health.
  • Missing out on your wages or salary for taking time off work.
  • Any private treatment you paid for.
  • If you had to have a nurse at home to help you.

Our advisors can tell you which may apply in your own case if you give us a call.

How A Solicitor Could Help You Get Compensation

We have come up with a very simple claims process that is designed to provide you with a personal injury solicitor to process your claim, as quickly and easily as possible. 

  1. Call our team of expert advisors any time of the day or night, 365 days a year.
  2. Explain your situation to an advisor to have your claim evaluated.
  3. If your claim is potentially valid, the advisor will arrange for a solicitor to begin working on it for you.

These three steps can be tackled during a single, quick phone call. It really is easy to get the legal help you need to make a claim.

No Win No Fee Allergic Reaction After Eating Taco Bell Claims

If you opted to make a claim with us, we can offer you the chance to pursue it on a No Win No Fee basis. 

Under a No Win No Fee agreement you don’t pay your lawyer’s fees until the claim has been won, and the lawyer has received your compensation payment. When this happens, you will have to pay a modest success fee, deducted out of this payment. This fee is capped by law.

You won’t pay any of your solicitor’s fees to get the claim underway, while it is processed, or if it is a failure. Learn more about how this service works by speaking to one of our expert advisors.

Talking To A Solicitor

Do you need to make a claim after suffering an allergic reaction after eating at Taco Bell due to negligence? If you do, we can help you and provide you with the right lawyer to process your claim. 

You can get in touch in a variety of ways:

  • Please use our contact form to tell us about your case.
  • Call our team on 0800 073 8804 to start your claim today.
  • Or message us using the live chat feature, bottom right.

Resources

We have published these other guides you may like to take a look over:

Suing A Restaurant/Cafe For An Allergic Reaction

Making A Successful Food Allergy Claim

Claiming For An Allergic Reaction Against Burger King

These external pages have some useful information:

The 14 Different Allergens

The Anaphylaxis Campaign

Allergic Reaction Main Symptoms

Other Guides You Can Check Out

Thank you for reading our guide on making a claim after suffering an allergic reaction after eating at Taco Bell.

 

Guide by Wheeler

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.