Thai Restaurant Allergic Reaction Claims Guide
By Lewis Cobain. Last updated 11th April 2023. In this guide we advise on claiming for an allergic reaction after eating at a Thai restaurant. We’ll look at what duties a Thai restaurant has regarding advertising allergens in their food. We’ll also look at when you could start a claim for an allergic reaction after eating at a Thai restaurant, what legislation is in place to protect you and how much compensation you could be paid.
Legal Expert provides free advice to any potential claimant. In a no-obligation telephone assessment of your case, an advisor will review your chances of making a successful claim.
If they believe the case is viable, you’ll be connected with an experienced personal injury solicitor who’ll conduct their work on a No Win No Fee basis if they take your claim on.
If you’d like to start your claim today, you can call our team on 0800 073 8804 right away. Alternatively, please carry on reading to understand more about claiming for a Thai food allergy.
Select A Section
- What Are Thai Restaurant Allergic Reaction Claims?
- Top Tips For Proving an Allergic Reaction to Food Claim
- Food Allergy And Intolerance Warning Legislation
- Potential Compensation Payouts For Allergic Reaction Claims
- No Win No Fee Claims For An Allergic Reaction After Eating At A Thai Restaurant
All restaurant owners owe a duty of care to those who consume their meals. For example, they must make allergen information easily accessible for customers. If they fail to do so, someone might suffer from a Thai food allergic reaction.
If you have had symptoms of an allergic reaction after eating Thai food after you were told the wrong information about allergens in the food you ate, you may be able to claim compensation for the harm you sustained.
The severity of the harm you experienced can influence the payout you receive. For example, it may be considered whether your allergic reaction caused you permanent or temporary harm.
For an accurate estimate of what you could receive, call our team.
What Is An Anaphylactic Shock?
While most allergic reaction symptoms are fairly mild, there is a condition called anaphylaxis or anaphylactic shock which can be fatal or life-threatening. Information from the NHS website shows that the main symptoms of anaphylaxis include:
- Fast, shallow breathing and difficulty breathing.
- Clammy skin.
- Anxiety and confusion.
- Feeling faint.
- A faster than normal heart rate.
- Becoming unconscious.
These symptoms will generally present very soon after eating the allergen and should be treated urgently. Some first aiders are trained in the use of Epi-Pens but whatever happens, the emergency services should be called on 999 in cases of anaphylactic shock.
Here are the top tips for proving an allergic reaction to food claim:
- Obtain evidence: This could include medical records that highlight the treatment and diagnosis you received. It could also include pictures of the food menu or witness contact details.
- Keep a record of costs: If you had to pay for medication or travel costs and you could not earn due to the allergy you can include these costs in your claim. However, you will need to evidence these costs such as receipts, payslips and train or bus tickets.
- Keep before and after pictures: You could use pictures to show the severity of the allergic reaction to Thai food symptoms you experienced.
- Seek legal advice: Solicitors that are experienced in personal injury claims could help you make an allergic reaction claim to seek the compensation you deserve. They can help you gather relevant evidence and as part of the claims process, they may invite you to undergo an independent medical assessment. This could help to highlight both the severity and the impact the allergy has had on your health.
If you call our team an advisor could connect you to our personal injury solicitors who are experienced in handling allergic reaction claims.
Alternatively, read through our other guide to learn how to sue a restaurant for an allergy in the UK.
Time Limits For Thai Food Allergy Claims
If you have suffered a Thai food allergy due to negligence, you typically have three years from the date of the incident to take action. The limitation period to start a claim is outlined in the Limitation Act 1980.
The time limit to take action may be suspended in cases, such as:
- Where the claimant is a minor. The three-year limitation period begins from their 18th birthday, unless a suitable person applies to act as a litigation friend and claims on their behalf before this date.
- If the claimant does not have the required mental capacity to start their own claim. The time limit is suspended indefinitely. This allows a court-appointed litigation friend to claim on their behalf. If they regain the required mental capacity, the time limit begins from the recovery date.
If you experienced symptoms of an allergic reaction to Thai food and have evidence to prove that this resulted from negligence, get in touch with an advisor to learn whether you could seek personal injury compensation.
Our advisors can confirm if your claim is eligible and whether you are within the correct time limit to take action and may be able to connect you with one of our expert food allergy claims solicitors.
What Are The Main Triggers Of Allergic Reactions?
Potential allergies that people could be vulnerable too (and which could potentially trigger anaphylaxis) include the following listed below:
- Wheat Allergy
- Egg Allergy
- Milk Allergy
- Lupin Allergy
- Sulphur Dioxide
- Nut Allergy
- Mustard Allergy
- Fruit Allergy
- Cereal Allergy
- Gluten Allergy
- Dairy Allergy
- Celery Allergy
- Seafood Allergy
- Shellfish Allergy
- Soy Allergy
- Fish Allergy
Whatever allergen caused you to suffer a reaction, if it was down to negligence on behalf of a Thai restaurant, we could help you start a compensation claim for your suffering. Please let us know what happened by calling our claims line today.
There are many different laws relating to the sale of food in the UK. Some that could apply to allergic reaction claims include:
- The Food Safety Act. Section 14 makes it an offence to sell food that’s not of the nature, substance or quality expected.
- Article 14 of EC Regulation 178/2002 means it is illegal to sell unsafe food for human consumption.
- The Food Safety Act. Section 15 makes it illegal to falsely describe or present food.
Allergy Warning Information Which Should Be Provided
As we’ve explained, allergens or potential allergens need to be clearly advertised when you buy food in a Thai restaurant. But what form does the warning need to take? Here are some examples:
- Advertising all allergens on the menu.
- Using a noticeboard in a prominent location with advice on where to find allergen details (website or leaflets for instance).
- Staff providing allergen information when asked.
Essentially, when you purchase Thai food in a restaurant, there should be ample opportunity for you to find out whether an allergen is present. If that’s not the case, and you suffer a reaction, you may be able to ask the restaurant to compensate you for your suffering. Please let us check your claim’s viability by speaking to an advisor today.
It’s now time to look at what compensation could be paid for an allergic reaction after eating at a Thai restaurant. We’d like to provide you with an exact amount in this article but that’s not possible as every case is unique. Therefore, we’ve provided the table below which shows compensation amounts for allergic reactions instead.
When you contact us, you’ll be provided with a personalised figure once your claim has been assessed thoroughly. The figures listed are from guidelines written by a body called the Judicial College. These guidelines are used by lawyers, insurers and courts to work out settlement figures.
Claim Type Seriousness Compensation Range Additional Notes
Allergic Reaction (i) Severe £38,430 to £52,500 This type of reaction will result in long-term suffering. Some symptoms could be permanent and affect the claimant's ability to continue working and enjoyment of life.
Allergic Reaction (ii) Serious £9,540 to £19,200 This type of reaction will lead to serious but relatively short-lived suffering. While hospitalisation will be required, most symptoms will clear quickly once the patient has stabilised.
Allergic Reaction (iii) Moderate £3,950 to £9,540 This type of reaction would require a visit to the hospital for treatment. Generally, symptoms would clear within a couple of weeks but some might linger for up to a year.
Allergic Reaction (iv) Minor £910 to £3,950
The symptoms caused by this type of reaction such as skin rashes would usually be minor and only last a matter of weeks.
The most important part of a personal injury claim is proving how much suffering was caused. If you don’t, then you might not receive the correct amount of compensation. To try and avoid that happening, as part of your claim, your solicitor will book an appointment for you with a local medical assessment.
When you visit, the specialist will review what happened, read your medical notes and ask how you’ve been affected. Then all of that information will be put on paper and the report will be given to your solicitor. Due to the importance of this report, medical assessments are mandatory in all claims. Check how much Thai restaurant allergic reaction claims could be awarded by contacting us.
How Your Special Damages Award May Be Calculated
The main part of a Thai restaurant allergy claim is known as general damages. That’s the compensation awarded to cover all of the pain and suffering caused by the allergic reaction. In the previous part of this guide, the figures listed covered general damages.
In addition, it’s possible to ask for special damages to be awarded. This is compensation that’s designed to put you back in the same financial position as you were prior to your allergic reaction to Thai food. It can include expenses such as:
- Care Costs.
In the event that you need to be looked after during your recovery, you might be allowed to ask for associated costs to be paid. For instance, you could claim an hourly rate for a loved one who took care of you or for the fees of a professional carer.
- Travel-related Costs.
While you’re recovering, you might not be able to drive as normal. If that happens, it might be possible to claim for any alternative modes of transport you need to pay for.
- Medical Treatment.
It’s normally the case that you’ll get free treatment for your illness from the NHS. However, if you need to pay for medication (including prescription costs) or non-NHS services, you could claim the cost back.
- Lost Earnings.
It’s sometimes true that taking time off work to get better could mean you lose some of your income. When that happens, you could ask for the loss to be paid back. Claims are possible for both employees and those who are self-employed.
- Future Lost Income.
Should you be left with some form of disability or symptom which restricts the work you can do, you could ask for future lost earnings to be considered as part of your compensation too.
The biggest perceived barrier for many considering people a claim for an allergic reaction after eating at a Thai restaurant is the cost of using a personal injury lawyer. Because we want to help, our solicitors help to remove that barrier (along with the stress involved) by working on a No Win No Fee basis when they take a claim on.
To offer that service, your case will need to be reviewed by the solicitor before it can begin. Once they are happy your claim could be made successfully, they’ll provide you with a Conditional Fee Agreement or CFA. This agreement is the method by which your claim is funded and has many benefits:
- You don’t have to pay any charges upfront thus allowing the case to start almost immediately.
- There are no solicitor’s fees payable while the claim continues.
- Should the claim fail, you’ll not be asked to pay any of your solicitor’s fees at all.
If your solicitor manages to win the claim, and you’re compensated, they will retain a small percentage of the compensation to help cover their costs. This is explained in the CFA and is called a ‘success fee’. You needn’t be too concerned though as you’ll know how much you’ll pay because it’s listed in the CFA and, legally, success fees are capped.
Contact our team today if you would like to speak to an advisor about No Win No Fee solicitors or aspects of personal injury claims. You can reach us by:
- Calling our team on 0800 073 8804.
- Emailing a summary of your claim to firstname.lastname@example.org.
- Using our live chat tool to discuss the case with an online advisor.
- Requesting a call from a specialist at a suitable time by filling out our online enquiry form.
More Useful Guides
For more information related to claims for allergic reactions in restaurants or other businesses, you can check out the resources below:
Restaurant Allergy Claims – Information about when an allergic reaction in a restaurant could result in compensation.
Allergic Reaction Claims – Information on how to claim compensation for an allergic reaction.
Food Poisoning At A Wedding – Advice on claiming for food poisoning at a wedding reception.
Pub Accident Claims – A look at personal injury claims following an accident in a pub or bar.
The Food Standards Act 1999 – Legislation used to give the Foods Standards Agency the ability to enforce safety measures.
Nut Allergies – Information from the NHS about nut allergies.