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Vegetarian Restaurant Allergic Reaction Claims Guide

There are plenty of restaurants that offer dishes for vegetarians, and whether you’re eating at a chain that offers both meat and meat-free dishes, or you’re dining at a vegetarian restaurant, you could enjoy a number of dishes. However, if you have an allergic reaction after eating at a vegetarian restaurant or one that serves vegetarian dishes, you may wonder if you can be compensated for your suffering.

While some vegetarian restaurant allergic reaction incidents could occur due to a diner not checking the menu properly or asking for their food to be prepared without allergens, in some cases, a food-allergic reaction in a vegetarian restaurant could be due to a restaurant’s negligence. If a restaurant is negligent in providing you with accurate information on the menu, or they ignore a request for something to be left out of your food, leading to a reaction, you may be able to make a claim against them.

This guide offers information for diners in such a situation. In the sections below, we reveal what responsibilities a restaurant has towards diners with allergies. We also explain how an allergic reaction after eating at a vegetarian restaurant could potentially occur, and offer insight into the compensation you could receive for the harm you’ve suffered. If you’d like to know if your reaction could lead to a claim or would like us to provide you with a personal injury solicitor to help you begin a claim, you can call our experts any time on 0800 073 8804.

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What Is An Allergic Reaction To Vegetarian Foods?

An allergic reaction to foods could happen if your body believes that something you’ve eaten poses a threat to you. It could then launch a response from the immune system to battle this perceived threat. It is the immune system’s response to an allergen that could cause you to suffer allergy symptoms, and there are different types of reaction you could suffer.

Allergic reaction after eating at vegetarian restaurant claims guide

Allergic reaction after eating at vegetarian restaurant claims guide

An IgE-mediated allergy is one where the immune system produces a protein called immunoglobulin E. Symptoms of this kind of reaction include:

  • Wheezing
  • Hives
  • Trouble swallowing
  • Nausea
  • Body, mouth or facial swelling
  • Dizziness
  • Swelling in the throat

A Non-IgE-Mediated allergy is one where the immune system’s response does not include the production of immunoglobulin E. Symptoms of this kind of reaction include:

  • Cracked, red and dry skin (inflammation)
  • Constipation
  • Vomiting (without diarrhoea)

Some people could experience mixed IgE and Non-IgE- mediated symptoms. A common cause of these mixed reactions could be milk.  Often, treatments for allergic reactions could include waiting for symptoms to go away on their own, or in some cases, you may be given steroids or antihistamines. However, some symptoms might require more invasive treatments.

What Is A Serious Anaphylactic Allergic Reaction?

A severe allergic reaction could lead to Anaphylaxis, which could be life-threatening. Anaphylaxis symptoms could include:

  • Vomiting
  • Throat constriction
  • Trouble breathing
  • Swelling of the mouth
  • Dizziness
  • Collapsing
  • Fainting
  • Quick heartbeat
  • Hives

Treating anaphylaxis quickly is vital in giving a sufferer the best chance of making a recovery. This is why some allergy sufferers are given epi-pens, in order to quickly obtain life-saving treatment if they suffer an allergic reaction of this type.

What Is Leaky Gut Syndrome?

Leaky gut syndrome is when the immune system reacts to toxins, germs or other substances that the body absorbs into the bloodstream due to a porous, or leaky bowel.

What Vegetarian Foods Could Trigger Allergic Reactions?

If you’re wondering do vegetarians have more allergies than meat-eaters, then it might be useful to look at an NHS report from 2014, which suggests that there could be a higher prevalence of allergic conditions amongst vegetarians than in meat-eaters. (31% in vegetarians as opposed to between 17-20% in meat-eaters).

We have listed some common allergens that could be contained in vegetarian foods.

  • Peanuts
  • Eggs
  • Mustard
  • Sulphur dioxide
  • Vegetables
  • Wheat
  • Fruit
  • Soy
  • Tree nuts
  • Cereal containing gluten
  • Celery
  • Lupin

If you could prove your reaction was due to the restaurant’s breach of duty of care towards you, you could be eligible to claim compensation. We could assess your case at no charge to see if you could claim.

Top Restaurant Chains For Vegetarian Diners

Here are some of the top restaurants serving vegetarian foods in the UK you could choose from. However, do make sure to inform the restaurant of any allergies amongst your party, and ask them if they have an allergen-free menu for you to order from.

  1. Pret A Manger
  2. Wahaca
  3. Las Iguanas
  4. Le Pain Quotidien
  5. Wagamama
  6. Bills
  7. Pizza Express
  8. Nando’s
  9. Jamie’s Italian
  10. D. Wetherspoon

Top Vegetarian Dishes

If you’re not sure what to order from a vegetarian restaurant, some of the top vegetarian dishes are listed below:

  • Lentil and spinach pie
  • Stuffed pumpkin
  • Bubble and Squeak
  • Vegetable stew
  • Vegetarian tart
  • Roasted cauliflower
  • Vegetarian burger
  • Nut roast
  • Stuffed peppers

No matter what you’re ordering, it’s best to check the menu or ask the server what’s contained in the dish if you have allergies. Some dishes are prepared differently depending on the restaurant you’re dining in.

How Many People May Have Food Allergies?

If you’re wondering how common allergies are, then this information from Allergy UK might be of interest to you:

  • Approximately 20 percent of the UK’s population is affected by an allergy
  • Between 1992 – 2012, In the UK, hospital admissions for anaphylaxis rose by 615%
  • Between 3-6% of children living in the developed world have allergies

Could I Ask That Specific Ingredients Are Left Out?

If you know you have an allergy to certain foods, you may be able to avoid an allergic reaction by asking for the allergen you react to to be left out of your dish, even if it lists that ingredient on the menu. Government advice suggests that if a restaurant could make an amendment to a dish to remove an allergen, then they should attempt to comply with requests to do so. If they are unable to, they should inform the customer so that they could choose something else to order.

What May Happen If Staff Don’t Leave These Specified Ingredients Out?

If you’ve requested for your food to be prepared without a specific ingredient and the restaurant agrees to do so, they should ensure that they do comply with your request. If they do not comply with your request and they serve you food with the allergen in it, you could have an allergic reaction. In these cases, the restaurant could be held liable for your reaction.

If you are unsure as to whether your allergic reaction could lead to a claim, we’d be glad to advise Simply call our team and we’ll be able to provide advice tailored to your specific situation.

Protections Under Civil And Criminal Law

Are you wondering what laws you are protecting by when it comes to being served food that is safe to eat? If so, you might wish to take a look at the below:

Sections 14 and 15 of the Food Safety Act 1990 cover the false description and false presentation of foods, as well as the provision of foods that are not to the quality required, or of the substance or nature required by the consumer.

EC Regulation 178/2002 cover the traceability of food. They also cover food that injures a person’s health.

The Consumer Rights Act 2015 provides protection for consumers from personal injury, damage or loss due to defective or mis-sold products. These could include food products.

Allergy Information Which Should Be Provided To Restaurant Customers

You have a legal right to be provided with certain allergen information regarding the foods served at restaurants. If there is a presence of any of the below allergens in your food, the food service provider should offer this information to customers. This could be in the form of a separate allergen menu or list, on the main menu, on the restaurant’s website, or on other printed material.

  • Tree nuts
  • Eggs
  • Molluscs
  • Peanuts
  • Sulphites/ Sulphur dioxide
  • Fish
  • Lupin
  • Crustaceans/Shellfish
  • Sesame
  • Mustard
  • Soybeans
  • Gluten-containing cereals
  • Celery
  • Milk

You should also be able to request accurate and up-to-date allergen information from serving staff.

If you suffer an allergic reaction after eating at a vegetarian restaurant because the restaurant hasn’t provided you with information you are legally entitled to, you could potentially make a claim against them for your allergic reaction.

Should I Still Tell A Restaurant I Have A Food Allergy?

You should always attempt to tell serving staff that you have allergies when you order your food in order to avoid having an allergic reaction after eating at the vegetarian restaurant. If you suffer a food allergic reaction in a vegetarian restaurant because you haven’t been given information about allergens that the restaurant should have listed on the menu, such as the 14 allergens in the section above, you may still be able to claim compensation for your suffering.

Food Allergy Damages Calculator

We have opted not to use a personal injury claims calculator in this guide to show you how much compensation your allergic reaction could bring you. This is due to the fact that such tools aren’t able to take into account all the specifics of your case when they make their calculations, so the figure you’d end up with would only be a rough estimate. Instead, we have chosen to provide a table that shows guideline compensation amounts taken from the Judicial College Guidelines. We have used injuries we believe could relate to an allergic reaction. If you don’t see the injury you’ve sustained below, please do call our team for guidance.

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Injury Claimed for Compensation Guideline Amount Explanation
Illness caused by a non-traumatic injury £860 to £3,710 Levels of pain that vary, as well as diarrhoea and cramping. These symptoms could last for days or weeks.
Illness caused by a non-traumatic injury £3,710 – £8,950 Levels of discomfort that are classed as significant, as well as bowel problems, fatigue and cramping. These symptoms may last for a few weeks but a full recovery would take place within 1-2 years.
Illness caused by a non-traumatic injury £8,950 – £18,020 The claimant’s enjoyment of food could be affected for some years. Severe symptoms such as those above could be experienced.
Illness caused by a non-traumatic injury £36,060 – £49,270 Diarrhoea, acute pain, vomiting and fever, leading to hospitalisation in some cases. There would likely be a long-term effect on the claimant’s ability to work as normal or enjoy their social life..

To learn more about payouts in personal injury claims, please get in touch.

How Special Damages May Be Calculated

Special damages are calculated based on the expenses you’ve incurred because of your suffering. They could include, but aren’t necessarily limited to:

  • Wage losses
  • Care costs
  • Medical costs
  • Travel expenses

You would need to have proof of any expenses you’d incurred in order for you to be able to claim for them. Keeping documents such as payslips, receipts, bills and bank statements could be a wise idea so that you can provide these to your lawyer to include them within your claim.

No Win No Fee Claims For An Allergic Reaction After Eating At A Vegetarian Restaurant

If you are considering making a claim for an allergic reaction after eating at a vegetarian restaurant, you may wish to benefit from the assistance of a personal injury solicitor. The good news is that you could do so without having to pay a solicitor upfront for their help. No Win No Fee claims provide claimants in any financial situation with the ability to obtain professional legal help without having to pay legal fees until their claim is successfully settled. The process works as follows:

  1. You would sign a Conditional Fee Agreement that would detail the small capped success fee you’d be expected to give your solicitor in the event of a successful claim.
  2. Your solicitor would begin work on your case, and begin negotiating compensation for you.
  3. Once your compensation has been paid, the success fee would go to your solicitor and the rest would benefit you
  4. If your case was unsuccessful and compensation was not negotiated, the solicitor would not be entitled to the success fee, and you wouldn’t be required to cover your solicitor’s costs either.

We could provide you with a No Win No Fee solicitor for your vegetarian restaurant allergic reaction claim. To find out how, or to ask us anything about making your claim under these terms, please don’t hesitate to give us a call.

Contact Us

If you’ve had an allergic reaction after eating at a vegetarian restaurant, and you believe the restaurant could be to blame, we could help. Whether you’re ready to go ahead with a claim and want a personal injury solicitor to help you, or you’d like your case assessed for free to see if you could be eligible to claim, you can reach us at any time by:

Guides And Sites Providing Useful Information

Legal Action For Restaurant Allergies – This guide offers in-depth advice about claiming against a restaurant with the help of a lawyer.

Lawyers For Food Allergy Claims– Here, we offer insight into how food allergy lawyers could help you.

Allergy Cases– Some allergy court cases are detailed on the Gov.uk website.

Treating Food Allergies – NHS treatments for allergies are explained here.

Child Allergies– You can read about how to deal with a child’s allergies in this guide.

Written By Jefferies

Edited By Melissa.

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    • Patrick Mallon

      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.