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Allergic Reaction After Eating At Yo! Sushi – Can I Claim Compensation?

Yo! Sushi is a restaurant in the UK, and other parts of the world, where sushi is delivered on conveyor belt systems. If you’re a fan of oriental food like Katsu Chicken, Maki or Beef Teriyaki, then Yo! Sushi is the place you might head while on the high street.

If you’re new to Asian food, and you suffer from a food allergy, then you might need to be extra careful when ordering your meal. While laws exist to make that process easier and safer, mistakes are still possible which could leave you in a position where you need to seek legal advice following an allergic reaction after eating at Yo! Sushi.

This article will explain what mistakes could happen, when a restaurant might be to blame, and when you could be compensated.

Allergic reaction after eating Yo! Sushi claims guideLegal Expert specialises in personal injury claims and could help you start one following an allergic reaction. Our team offers free advice about starting your claim and a no-obligation assessment of what happened.

If your claim appears to be viable, then you’ll be referred to one of our specialist personal injury lawyers. Every claim they accept is handled using a No Win No Fee service to reduce the financial risks involved.

If you’d like us to review your claim right away, please call 0800 073 8804 today. Otherwise, please read the rest of this article before contacting us to find out more about food allergy claims.

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What Is A Yo! Sushi Food Allergy?

In the next section, you’ll see that food allergies aren’t anybody’s fault. They’re caused by an error of the body’s immune system. That might make you think that claiming for an allergic reaction wouldn’t be possible. But, due to the way allergic reactions can affect people, laws exist which govern how food is prepared and sold to try and reduce the risk of allergic reactions.

It’s when those laws are breached by restaurants that a claim might be possible. We’ll look at different scenarios which could lead to a claim as we progress through this article. If you’re in any doubt about whether compensation could be paid in your case, please let us review your claim and explain your options.

What Are Allergies To Common Sushi Foods?

When you eat certain ingredients, your body might decide, in error, that it’s dangerous for you. This is when it acts to ‘protect’ you. Antibodies including histamine and immunoglobulin E (IgE) are released and it’s those which result in the symptoms of an allergic reaction.

NHS advice shows that the most common, and usually mild, symptoms of an allergic reaction include:

  • Shortness of breath.
  • A red raised itchy rash (hives).
  • Swelling of the throat, tongue, eyes and face.
  • Tingling in the mouth.
  • Nausea or sickness.
  • Dizziness or lightheadedness.
  • Difficulty swallowing.

While these symptoms can be annoying or embarrassing, they usually won’t cause too many long-term problems (although you could be out of action for a couple of weeks or more).

The more serious types of an allergic reaction are called anaphylactic shock. It is this reaction that you’ll have heard about in the news when somebody has died because of their allergy. If anaphylactic shock is suspected, the emergency services should be contacted immediately to give the victim the best chance of survival.

Food Which Most Commonly Triggers Allergic Reactions

While you might have heard of some of the different ingredients that can cause a food allergy, such as peanut allergies, you might be surprised at some of the less common allergens. For your information, here is a list of different food allergies:

  • Gluten allergy.
  • Seafood allergy.
  • Fish allergy.
  • Egg allergy.
  • Nut allergy.
  • Dairy allergy.
  • Wheat allergy.
  • Fruit allergy.
  • Soy allergy.
  • Celery allergy.
  • Sulphur dioxide allergy.
  • Mustard allergy.
  • Lupin allergy.
  • Shellfish allergy.
  • Cereal allergy.

Whichever type of allergy you suffer from, if you have an allergic reaction caused by the negligence of a food business, you may be able to ask for compensation. Please get in touch and let us assess whether a claim may be possible.

Rates Of Common And Uncommon Food Allergies

According to data from the Food Standards Agency (FSA):

  • Up to 8% of children in the UK have a food allergy.
  • The figure for adults is a lot lower at 1 to 2%.
  • About 1 in 100 people (600,000) suffer from coeliac disease.

Their information also points out that there is no known cure for food allergies so they can only be managed by avoiding allergens completely. Importantly, the figures don’t include intolerances to food, just allergies.

Could You Ask For An Allergen To Be Removed From Your Food?

It’s quite acceptable for you to request that ingredients are removed from any food that you order. In some cases, where the food isn’t prepared locally, you might be told your request isn’t possible but in others, your order might be accepted. In the case of allergens, you might ask for:

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

We’ll look at what happens if your request isn’t carried out correctly in the next section.

Should Staff Follow This Request?

If the request to leave out an allergen is accepted, but it is still found in your food when it arrives, you could seek compensation if it results in an allergic reaction.

To help prove this was the scenario in your case, you should write down the details of any witnesses who heard your conversation with the waiting staff. Also, retain your receipt if it contains information about the bespoke order as it could also be used as evidence. When you’re ready to discuss what happened, contact a member of our team for a no-obligation assessment.

Restaurants’ Liability For Negligence

Even though restaurant owners train their staff on food safety procedures and allergen advice, mistakes can still happen. For instance, allergic reactions caused by the following errors could lead to a claim:

  • Forgetting to display the allergen warning sign.
  • When a chef fails to stick to the recipe for a meal and includes an unlisted allergen.
  • Waiting staff giving incorrect allergen advice when asked by a customer.
  • Food preparers failing to adhere to safety procedures and causing cross-contamination.

Should your claim for an allergic reaction have been caused by a negligent act and you can prove that was the case, we could help you seek compensation. Please let us know what happened today.

What Rights Do You Have When Purchasing Food At A Restaurant Or Takeaway?

When you buy food, you have a right and expectation that it will be safe to eat and contain a certain quality of ingredients. In fact, there are many laws in place to try and make sure that’s the case.

The Consumer Rights Act 2015, for instance, stipulates that any product you buy needs to arrive as it was advertised and fit for its intended purpose. Therefore, a food producer may have breached the terms of the Act if they supply food that contains ingredients (including) allergens that weren’t declared.

If you believe your rights have been breached because unadvertised allergens were contained in your food, why not ask one of our specialists for free advice on starting a compensation claim?

Failures To Provide Adequate Information On Allergens

There are a number of methods restaurants can use to advertise allergens, including:

  • Declaring each allergen found in a meal on the menu.
  • Using an in-store sign to show where allergen information can be obtained i.e. ‘please check our website for allergen information’.
  • Staff informing customers about allergens when asked.

Furthermore, if there’s a risk of cross-contamination of an allergen, the advertising should include “might contain” warnings as well.

If a lack of allergen information meant you went on to suffer a reaction, you might be able to claim for your suffering. Ask one of our advisors today and they’ll review your claim for free.

Could You Claim If You Didn’t Tell Staff About An Allergy?

There’s a common misconception that if you don’t inform restaurant staff about your food allergy, then you can’t claim compensation if you have an allergic reaction. Well, that’s not the case because there is no legal duty for customers to tell anybody that they suffer from an allergy. Having said that, it does make good sense to tell them if you’re not sure what’s contained in a meal.

However, there is a legal duty of care placed on restaurants, such as Yo! Sushi, to make it easy for allergens that are in their food to be identified easily. If they aren’t, and you go on to have an allergic reaction after eating at Yo! Sushi and you can prove that the restaurant breached its duty of care, you could pursue compensation even if you didn’t let the restaurant know about your allergy.

Yo! Sushi Menu And Allergen Information

In this part of our article, we’ve listed the current menu for Yo! Sushi for information purposes. We should point out that the menu can change, and you might not be able to order all items at all branches.

  • Beef Teriyaki.
  • Avocado Maki.
  • Chicken Gyoza.
  • Chicken Katsu Curry.
  • Chicken Katsu.
  • Cucumber Maki.
  • Crunch California Roll.
  • Dragon Roll.
  • Dorayaki Pancake.
  • Kaiso Seaweed.
  • Japan Fried Chicken.
  • Dynamite Roll.
  • Inari Taco.
  • Prawn Katsu.
  • Mixed Maki Plate.
  • Korean Fried Chicken.
  • Popcorn Shrimp.
  • Pumpkin Katsu Curry.
  • Prawn Katsu Curry.
  • Salmon Nigiri.
  • Spicy Pepper Squid.
  • Yasi Roll.
  • Yo! Fries.
  • Tuna Sashimi.
  • Yasai Roll.
  • Vegetable Gyoza.

If you’ve ordered any meal which has caused you to suffer an allergic reaction after eating at Yo! Sushi, we might be able to support a compensation claim if it can be shown that it was the result of negligence. If you let an advisor know what happened, they’ll check whether you could be compensated for your suffering.

Estimating Compensation For An Allergic Reaction After Eating At Yo! Sushi

If you’re thinking about claiming for an allergic reaction after eating in Yo! Sushi, you’re probably interested in what compensation might be paid for your injuries. Our experience tells us that every claimant suffers differently so it’s difficult to provide individual estimates here. However, we can offer you the following compensation table that provides figures from a document maintained by the Judicial College. It’s used by courts and solicitors when calculating settlements. After you’ve discussed your claim with one of our solicitors, it should be clearer how much compensation you could claim.

Edit
Claim Type Level of Severity Compensation Range Notes
Allergic Reaction Moderate £3,710 to £8,950 Most symptoms in this category will clear up after a short stay in the hospital. However, on some occasions, symptoms can persist for up to a year.
Allergic Reaction Severe £36,060 to £49,270 The injuries suffered in a severe allergic reaction can lead to some time spent in the hospital. Furthermore, there will some impact on life enjoyment and the ability to work.
Allergic Reaction Minor From around £860 to £3,710 A minor reaction where symptoms will only persist for a couple of days or weeks.
Allergic Reaction Serious £8,950 to £18,020 Once treated in hospital, the serious but short-lived symptoms of this type of reaction will clear up relatively quickly.

The figures show that the severity of your illness is used to determine how much compensation is paid. That means your solicitor will need ample medical evidence to support your case. Therefore, during the claims process, they’ll book you in for a medical assessment with a local specialist. At the appointment, any physical injuries will be examined, your medical notes will be checked, and questions will be asked about the effect of your symptoms.

Once the assessment is over, a report will be written containing all of the relevant information and sent to your solicitor.

Estimating Additional Compensation Payouts

There are two main heads of loss your solicitor can pursue when making a personal injury claim: general and special damages. The figures in the table from the previous section were for general damages, which are used to compensate you for the pain and suffering your allergic reaction caused.

In addition, you may be able to claim special damages if you’ve had to pay out for anything or have lost out financially as a direct result of your injuries. For instance, it might be possible to claim for lost income, care costs, medical expenses or travel costs.

Once your claim has been fully assessed, we’ll be able to explain what else can be included in your compensation.

How Allergy Sufferers Could Be Supported

We’re grateful that you’ve decided to read our article about Yo! Sushi allergy claims. We hope that we’ve shown why you should let us help you claim. Here’s some more information about the Legal Expert claims service:

  • We operate a 24-hour a day claims line.
  • All of the advice we give is free, even if you decide that you don’t want to claim.
  • We’ve got plenty of positive reviews from previous clients.
  • Should your claim be accepted, you’ll get regular updates about how it’s progressing.
  • Your solicitor will be contactable throughout the process to answer questions and provide legal advice should you need it. Their ultimate aim will be to try and secure the highest amount of compensation that’s possible for your injuries.

If there’s anything else you’d like to know, please don’t hesitate to ask.

No Win No Fee Claims For An Allergic Reaction After Eating At Yo! Sushi

Our No Win No Fee service is designed to take away any concerns you might have about the costs involved with claiming. By offering such a service, we are able to reduce your financial risk and make the claim less stressful for you.

When you contact us, a solicitor will check if there is a reasonable chance that your claim could be successful. Once they’re happy there is, you’ll be sent a Conditional Fee Agreement (CFA). This is the contract that will be used to fund your case. It provides several benefits including:

  • There’s no requirement for an upfront payment so your solicitor can start straight away.
  • You won’t be expected to pay your solicitor while your claim is ongoing.
  • In the unfortunate case that your claim fails, all of your solicitor’s fees will be waived.

The CFA will provide details about the success fee payable when your claim is won. This is a small percentage, which is capped legally, of any compensation received used to cover the solicitor’s work.

Would you like us to check if you’re able to claim using a No Win No Fee service? If so, one of our specialists will review your claim today.

Talk To A Solicitor

We’d like to thank you for arriving at the end of our article on claiming for an allergic reaction after eating at Yo! Sushi. We intended to arm you with the information to help you start a claim with Legal Expert, so we hope that’s the case. If it is, and you’d like to get in contact with us, here are our details

Your claim will be assessed, without any obligation, by a specialist advisor. They’ll consider what caused your allergic reaction and how you suffered. If there’s evidence to suggest your claim might have a chance of success, you’ll be connected with our team of personal injury solicitors. So that your claim is as stress-free as possible, they’ll handle it on a No Win No Fee basis if it’s accepted.

Quick Resource Links

This section is the last in our article regarding claims for an allergic reaction after eating at Yo! Sushi. We’ve already provided a lot of relevant guidance on the claims process but have decided to link to some further guides and articles below. If you require anything further, please get in touch with one of our advisors.

Restaurant Allergy Claims – This guide takes a more generalised look at allergy claims in different restaurant settings.

Cruise Ship Claims – Information on making a claim against a cruise line for accidents and illnesses caused by their negligence.

Allergic Reaction To Hair Dyes – Advice on your claim options if you suffer an allergic reaction when having your hair dyed.

Restaurant Hygiene Ratings – The government scheme which gives food hygiene scores to food businesses.

Advice For Caterers – A collection of resources for caterers to help them provide sound allergen advice.

Food Intolerances – Information provided by the NHS which shows how intolerances are different from allergies.

 

Guide by Hambridge

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.