Allergic Reaction After Eating At A Curry Restaurant – Can I Claim Compensation? – Food Allergy What To Do & Guide?
By Lewis Cobain. Last Updated 1st November 2022. On the page below, you will find a detailed guide that will cover the subject of making a compensation claim for an allergic reaction after eating a curry. We will cover many of the events that could lead up to you suffering an allergic reaction to curry through no fault of your own and try to show why you may be able to make a personal injury claim in such cases.
Allergic reaction after eating at a curry restaurant claims guide
Our contact number is 0800 073 8804 and our lines are open 24 hours a day should you have any questions that this guide doesn’t answer. One of our expert advisors will be happy to provide you with free legal advice about your claim, and how to proceed with it as simply and quickly as possible.
Select A Section:
- A Guide To Claims For An Allergic Reaction After Eating At A Curry Restaurant
- What Is A Food Allergy In A Curry Restaurant?
- Common And Potential Allergens In Curried Dishes
- Top Curry Restaurant Chains And Dishes
- Statistics On Allergies To Spices And Curry Ingredients
- Could I Ask An Allergen Not Be Served To Me?
- Allergy Labelling And Food Safety Laws
- How To Tell The Restaurant You Are Allergic To Foods
- Allergic Reaction Compensation Claims – Damages Calculator
- No Win No Fee Claims For An Allergic Reaction After Eating At A Curry Restaurant
- Talk To Us
- Useful Information
A Guide To Claims For An Allergic Reaction After Eating At A Curry Restaurant
If you have a spice allergy and have suffered an allergic reaction to curry powder or any other ingredients used in curry, if you believe it was a restaurant’s fault, this guide is for you.
You will find plenty of information related to food allergies, what they are and what can trigger them, as well as information about specific circumstances that could leave you with a viable compensation claim.
We have covered the responsibilities of a restaurant to provide you with the right allergen information, and also have added some general statistics related to food allergies in the UK.
Towards the bottom of this guide, you will discover a compensation table that has been added to help you get a general idea of how much you might be able to claim. Additionally, we discuss some of the types of damages that you might find are applicable for your own claim.
Finally, we go over our core service offering, describing how a No Win No Fee claim works and outlining the basic benefits of using such a service as ours. In short, we can provide you with a specialist No Win No Fee personal injury solicitor to process your claim for you.
Our legal team is experienced in pursuing all types of personal injury claims and can assist you in getting any compensation for an allergic reaction to curry that you may be eligible for. Simply use the contact number at the end of the page to contact us.
What Is A Food Allergy In A Curry Restaurant?
A food allergy or intolerance is a health problem that causes your body to see a specific chemical (found in a food ingredient) as a harmful toxin. This triggers your body’s natural reaction to protect you, releasing compounds like histamine to tackle the allergen. This can result in a range of symptoms, some of which can be life-threatening in the most extreme cases.
As a food allergy sufferer, you would already know this, and also that there is a range of foodstuffs you need to avoid eating to stay safe. However, despite your best efforts, a mistake can be made by a restaurant that triggers your food allergy through negligence.
In cases such as this, where a third-party was clearly to blame for your allergic reaction, you could be able to make a compensation claim. However, you will need to be able to prove that a negligent act took place that caused your curry restaurant allergy to trigger.
What Is Anaphylactic Shock?
The correct medical term for anaphylactic shock is anaphylaxis. This is a medical condition that can be one of the more serious symptoms of an allergic reaction, one that could even result in death.
The main symptoms of anaphylaxis are dizziness, fainting and complete loss of consciousness. In the latter case, it is vital that the victim receives rapid emergency treatment, preferably from an ambulance crew that can take them to the hospital once they have been stabilised.
If a negligent act caused by a third party causes you to suffer from anaphylaxis, then we could be able to provide you with a solicitor to process a compensation claim. Please speak to our team to learn more about this.
Signs Of An Allergic Reaction To Food
You may be wondering about the signs of an allergic reaction to food. If you are concerned you have suffered an allergic reaction to something, we recommend you seek medical attention.
According to the NHS, some signs of an allergic reaction to food could include:
- An itchy or tingly mouth
- Hives on the skin
- Losing your breath
- Wheezing
- Swelling of your face, mouth or throat
- Angioedema
- Nausea and vomiting
- Dizziness
- Pain in your abdomen
- Diarrhoea
- Symptoms similar to hay fever, including sneezing and itchy eyes
A severe allergic reaction is known as anaphylaxis and could result in the following symptoms:
- Difficulty breathing
- Trouble speaking or swallowing
- Feeling faint
- Collapsing
- Swollen tongue
Additionally, you may suffer a delayed reaction to food. If this is something you are concerned about, seek medical advice from a professional when you can.
If you have had an allergic reaction rash from food due to the negligent actions of another, our expert solicitors could potentially help you receive compensation. Speak to our advisors at any time to find out more about food allergy compensation.
Common And Potential Allergens In Curried Dishes
There are 14 allergens that fall under food safety regulations in the UK (more on this later in this guide). They can be found in many foods, some surprisingly so. For example:
- There could be milk or cream in a curry, triggering a dairy allergy
- Eggs are added to some curries, which some people are allergic to.
- All kinds of nuts, including peanuts and tree nuts can be found in some curries.
- Curries made from fish or shellfish could trigger an allergic reaction for some people.
- If fruit or vegetables are added to a curry, some people are allergic to these as well as specific salad items such as celery.
- Some breeds, such as naan bread that are served with a curry could trigger a wheat allergy or a gluten allergy
- A side dish with beans triggering a lupin allergy
There are lots of ways you could end up eating something that contains an allergen you are allergic to when eating at a curry restaurant. The serving staff must take steps to ensure that does not happen. If they don’t and you come to harm because of this negligence, a claim may be possible.
Top Curry Restaurant Chains And Dishes
Curry is a popular dish in the UK. Not just Indian curries, but curries from many different countries such as Thai, Malaysian, China and the West Indies. Some of the most popular curry houses in the UK are:
- The Cumin, Nottingham
- Roti Chai, London
- Haveli, Ponteland
- Chutney Mary, London
- Masala Zone
- Prithvi, Cheltenham
- Indique, Didsbury
- Anokaa, Salisbury
- The Cat’s Pyjamas, Headingley
- Quilon, London
Popular Curries In Restaurants And Takeaways
Indian curry is by far the most popular curry eaten in the UK, and some of the most well-loved of these spicy dishes are:
- Tikka Masala
- Korma
- Jalfrezi
- Rogan Josh
- Madras
- Biryani
- Balti
- Bhuna
- Dupiaza
- Dansak
Statistics On Allergies To Spices And Curry Ingredients
Based on data published by the Natasha Allergy Research Foundation (NARF), we can see that food allergies and allergies, in general, are a serious health issue in the UK.
- Around 20% of the European population have to live with an allergy that has a significant negative effect on their life.
- In the UK, the number of people who suffer from some kind of allergy grows at around 5% a year.
- It is estimated that 1 in 40 children suffer from some kind of allergy.
- 61% of 16 to 24-year olds suffer from some kind of food allergy.
Food allergies and allergies in general are a healthcare problem that places an ever-increasing drain on health services in the UK.
Could I Ask An Allergen Not Be Served To Me?
If you want to avoid triggering your food allergy in a curry restaurant but wish to try a dish you could well be allergic to, you might try asking the serving staff to omit a specific ingredient.
The restaurant staff don’t have to agree with this request. They are well within their rights to refuse, and you will need to choose a different dish. However, if the staff do agree to remove an ingredient and then subsequently it isn’t, you might be able to claim compensation if you come to harm.
We can help you with this. Simply speak to an advisor on the number at the top of this page to proceed.
What Happens If I Am Still Served This Allergen?
Once the staff have agreed to leave a specific ingredient out of a dish, mistakes can be made that still cause you to suffer a curry powder allergic reaction, such as:
- The serving staff forgot to tell the cook to remove the ingredient.
- The serving staff serve you a dish that was meant for another table.
- The cook or chef doesn’t follow the instructions and adds the ingredient back into the dish.
- Cross-contamination of allergens in the kitchen causes the allergen to be present in the dish despite the ingredient being removed.
In each of these examples, if you can prove that a mistake was made, one of our expert solicitors could be able to process a claim for you.
Allergy Labelling And Food Safety Laws
There are rules and regulations related to food safety in the UK that are aimed at protecting you from suffering an allergic reaction from curry. This includes the Food Standards Act 1999.
In relation to the 14 regulated allergens, many of the laws in this body of legislation are to do with food labelling, and ensuring that you have access to all of the information about allergen content that you need to make safe ordering choices.
What Allergy Warning Information Should Be Displayed?
You must be provided with adequate curry food allergy info in order to be able to make safe food choices. The way this information is given to you depends on the circumstances of the ordering process, such as:
- If you are eating in a restaurant with table service, all of the relevant allergen information has to be printed clearly on the menu. If no allergen information is provided, there should be a clear notice on the menu advising where details can be found. If specials are on sale, then the specials board or another notice board close to it must show the allergen information for the specials or indicate where it can be found.
- If you are ordering food for delivery using an app of some kind, the app should display the same kind of allergen information as the restaurant menu. If you are ordering by telephone, then for each dish you order the person on the other end of the line should accurately provide allergen details when asked.
If the information you are provided is wrong, or otherwise inadequate, this could lead to you suffering an allergic reaction. In such cases, we could be able to help you to make a compensation claim against the restaurant.
How To Tell The Restaurant You Are Allergic To Foods
When you visit a restaurant, you don’t necessarily have to tell the staff that you have a food allergy. As we have detailed in prior sections of this guide, the restaurant and its staff are legally obliged to provide you with the information that you need to make safe ordering choices.
Yet, telling serving staff you have a food allergy can make the ordering process simpler, as you won’t need to read all of the small print on the menu. You can simply ask the serving staff for advice related to your dietary requirements.
If the staff give you the wrong information, this could lead to you suffering an allergic reaction. It could be possible for you to make a compensation claim for the harm this negligent act caused you.
If you talk to one of our expert claim advisors they can tell you how best to proceed.
Allergic Reaction Compensation Claims – Damages Calculator
If the restaurant was at fault for your allergic reaction, you could be eligible to sue them for compensation. Allergic reaction compensation claims are a way for you to claim compensation for the pain of your allergic reaction, and the potential financial losses you experienced.
For the pain and distress of your allergic reaction you can seek general damages. To show you how this could be awarded, we have included a table of common allergic reactions, and potential amounts for general damages. The figures and injuries come from the 2022 edition of the Judicial College Guidelines, the publication commonly used when assessing compensation in claims.
| Problem With Health | Severity | More Information | How Much? |
|---|---|---|---|
| Allergic reaction | Moderate | Here, we would be discussing a moderate allergic reaction, with symptoms that are painful and uncomfortable. However, these symptoms would not require a doctor to treat them. Over the counter drugs should be sufficient. Recovery will happen within 4 weeks, with no ongoing symptoms. | £3,710 to £8,950 |
| Anaphylaxis | Severe | Here, we would be discussing an allergic reaction that caused a full-blown episode of anaphylactic shock. Symptoms would be very bad, and need emergency medical treatment to stabilise the victim before being hospitalised for some time. The main symptoms should clear up within four weeks, but the life quality of the victim may suffer due to ongoing symptoms, for up to two years. | £36,060 to £49,270 |
| Allergic reaction | Minor | Here, we would be discussing a minor allergic reaction, with symptoms that are likely to be uncomfortable rather than painful. No medical treatment will be required, although over-the-counter antihistamines might be used. Recovery would be within a few days to a few weeks and would be complete. | £860 to £3,710 |
| Allergic reaction | Serious | Here, we would be discussing a serious allergic reaction, with multiple symptoms, all of which are very painful. The victim would need medical treatment and potentially short-term hospitalisation. The main symptoms would dissipate within four weeks. However, there could be a negative effect on the victim’s health for up to two years after the event. | £8,950 to £18,020 |
We give you more information about the continued effects of an allergic reaction you can claim for below, but for now if you are looking for help with your claim, or a direct estimation of the compensation you could be awarded, please reach out to one of our advisers.
More Payouts For Allergic Reactions to Curry
There are two potential heads of claim you could pursue when making a personal injury claim. Spice allergy symptoms can vary based on the nature of your allergy and the ingredients you’ve consumed. General damages relate to any physical or psychological issues caused by the injury itself. This amount can depend on factors such as:
- The length of your hospital stay.
- How long it takes for you to recover. Remember that curry allergies can cause anaphylactic shock which could take longer to recover from.
- Whether there are any permanent side effects caused.
- The general pain and suffering caused by your symptoms.
- Any psychological injuries caused, such as depression and anxiety.
Special damages relate to the financial losses caused by the injury. If you suffer from allergies whilst eating curry in a restaurant, the reaction can be severe, such as long-term or permanent health consequences. This could lead to you claiming for loss of earnings if you need time off work or loss of future earnings if you’re unable to work for the foreseeable future.. Other examples of special damages you could claim for due to curry allergies include:
- Cancellation charges if, for instance, you need to cancel a planned holiday. If your trip is non-refundable, you could claim for the cost of the holiday.
- Healthcare costs. For example, your spice allergy symptoms could lead to you having respiratory problems that may require long-term treatment.
- Travel costs if you’re unable to drive.
- Care costs if you require a nurse.
Please bear in mind that, to receive special damages for spice allergy symptoms, you need to have some form of financial documentation confirming the value of the losses. This can include bank statements, invoices and receipts. To learn more about payouts for allergic reactions to curry, please contact our team of advisors for free legal advice.
No Win No Fee Claims For An Allergic Reaction After Eating At A Curry Restaurant
Even if you are familiar with the term No Win No Fee, you may not fully understand the implication of such a legal agreement between you and a lawyer. Formally termed a Conditional Fee Agreement (CFA), you don’t pay your solicitor a fee when:
- They start working on your claim.
- While they are processing a claim.
- If the claim fails.
You will be asked to pay a success fee (a moderate, legally limited fee) if you win your claim. This can be automatically taken out of the compensation payment the lawyer received for you.
Talk To Us
Have you suffered an allergic reaction after eating a curry that was not your fault? Then as long as you are within the personal injury claims time limit (3 years from the date of your allergic reaction), we could be able to help you to make a compensation claim for the harm you have suffered.
- You can call us on 0800 073 8804
- Write to us by clicking here
- Or get in touch via our live chat feature
Useful Information
You might like to look over these other guides on this site:
How To Sue A Restaurant For An Allergic Reaction
These other external sites may also have pertinent facts:
Food Allergies: An Explanation
Guide by Wheeler
Edited by Billing
