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Chinese Restaurant Allergic Reaction Claims Guide – After Eating At Chinese Food- Can I Claim Compensation? – Food Allergy What To Do & Guide?

By Stephen Hudson. Last Updated 6th April 2022. If you have experienced an allergic reaction after eating at a Chinese restaurant because the restaurant did not meet the correct requirements for health and safety, you may be entitled to claim allergic reaction compensation.

To claim compensation for an allergic reaction after having dinner at a Chinese restaurant, you must be able to prove that you suffered the reaction due to negligence on the part of the service provider. For advice and support, you can call the Legal Expert team today by dialling 0800 073 8804 for a free personal injury claims consultation. Or you can reach us online using our contact form or our 24/7 live chat service.

If you have legitimate grounds to make an allergic reaction compensation claim, we will provide you with a No Win No Fee solicitor, to work on your compensation claim. Call us today to speak to an advisor, or use our online compensation claims form to reach us.

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A Guide To Claims For An Allergic Reaction After Dining At A Chinese Restaurant

In the UK, the Chinese restaurant industry is worth £30 billion. As well as dine-in restaurants, Chinese takeaways and meals delivered by food delivery services are also popular.

Allergic reaction after eating at Chinese restaurant claims guide

Allergic reaction after eating at Chinese restaurant claims guide

Can you sue a restaurant for a food allergic reaction? In the United Kingdom, there are regulations to protect people who are allergic to different types of food. If a restaurant does not comply with regulations, and a customer suffers an allergic reaction to their food as a result, the restaurant may be held legally liable for their injuries.

In this guide, we will look at claiming compensation for an allergic reaction after eating at a Chinese restaurant or at a takeaway due to a breach in a duty of care owed to you. The food allergy laws for restaurants that protect allergy sufferers of course apply to all restaurants operating in the UK, but we will focus in particular on what ingredients are in Chinese food and whether or not these substances can cause an allergic reaction.

If you believe you are owed compensation by a Chinese restaurant, as they failed to follow food safety regulations as instructed by the Government, call us today to discuss your options for making a claim. If we can see that you are owed compensation, we will provide you with an experienced personal injury solicitor who will start work on your claim as soon as possible.

What Is An Allergic Reaction To Chinese Food?

A food allergy is a condition of the immune system. The immune system perceives proteins found in certain foods as a threat. These proteins are harmless to most people, but because the immune system believes it is under attack, it floods the allergy sufferer’s body with chemicals, which include histamines. This mix of chemicals causes unwanted effects. If a person suffers from a severe food allergy, consuming food that they are allergic to can be fatal.

What are the symptoms of a more moderate food allergy? The symptoms can include digestive problems, for example the person may vomit, their throat, ears and nose may itch or they may break out in hives. Another common problem is a facial swelling, known as angioedema, especially around the lips, tongue and the roof of the mouth.

There are different types of allergic reactions. An IgE-mediated food allergy, non-IgE-mediated food allergy and mixed food allergies. What is the difference between them?

  • IgE food allergies: A IgE food allergy is the most common sort of allergy to food. It occurs when the body produces the IgE antibody. The effects of an IgE food allergic reaction are usually seen after just a few minutes.
  • Non-IgE mediated food allergies: A non-IgE mediated food allergy reaction can take several hours to become apparent and can be more challenging for a doctor to diagnose.
  • Mixed food allergies: This is when an allergic reaction has mixed symptoms.

What Is An Anaphylactic Shock?

An anaphylactic shock is a severe allergic reaction, which is also known as anaphylaxis, or an anaphylaxis reaction. About 1 in 1,000 members of the UK population suffer from severe allergies, including food allergies, which can result in an anaphylactic shock. If someone is suffering from the symptoms of anaphylaxis, they could fall into a permanent coma or die. Treat the situation as an emergency, call an ambulance by dialling 999 and administer first aid such as giving an adrenaline auto-injector to the person who is suffering.

The symptoms of anaphylaxis can include the following:

  • Breathing difficulties, including wheezing and the person feeling that their airway is closing up.
  • The heartbeat races.
  • The surface of the skin becomes clammy to the touch.
  • Lightheadedness and faintness. This can result in the person collapsing and becoming unconscious.

This NHS guide to anaphylaxis has more information about anaphylactic shocks.

What Is MSG Symptom Complex?

What chemicals are in Chinese food? MSG, or to use the full name, monosodium glutamate is a flavour enhancer, which can be used in Chinese food, as well as processed foods and soups.

MSG symptom complex is when people experience unwanted reactions after eating food containing MSG. What are the signs and symptoms of MSG intolerance? The symptoms of MSG symptom complex can include:

  • Sweating and flushing
  • Nausea
  • Headaches
  • Heart palpitations
  • The face feeling tight.
  • A feeling of burning on the face and neck

Are the symptoms described above an MSG allergy? Whilst medical researchers acknowledge that some people may experience an unpleasant reaction to eating MSG, these symptoms are not an MSG allergy and do not require medical treatment. Do Chinese restaurants still use MSG? Yes some do, and some no longer use this additive due to the controversial reputation of MSG. If you experience MSG symptom complex, it is recommended that you find a restaurant that does not use MSG when you choose to eat out. Don’t be afraid to speak to your waiter or the manager, to learn more.

What Are The Main Food Allergy Triggers?

The following types of ingredients can be the trigger of an allergic reaction:

  • Milk
  • Dairy products
  • Eggs
  • Nuts including peanuts and tree nuts
  • Fish and/or shellfish
  • Molluscs including mussels and whelks
  • Fruit
  • Vegetables
  • Wheat
  • Lupin, which is used in some pasta products
  • Soy
  • Cereal
  • Gluten
  • Celery
  • Lupin
  • Mustard
  • Sulphur dioxide

You can find out more about food allergies and which foods can commonly trigger allergic reactions, in this NHS food allergy guide.

Examples Of Chinese Restaurants And Chains In The UK

  • Wings Manchester
  • Yu and You, Copster Green
  • Trongs, Ipswich
  • Sojo Oxford
  • My Sichuan, Oxford
  • Xian, Orpington
  • Shanghai Shanghai, Nottingham
  • Happy Gathering, Cardiff
  • Yang Sing, Manchester
  • Glamorous, Manchester

Food Allergy Statistics

How prevalent are food allergies in the UK? 20% of the population of the UK suffers from one or more type of allergy. However, according to the Food Standards Agency, only 1-2% of the adult population and 5-8% of children suffer from a food allergy.

Who is the most at risk of dying due to an anaphylactic shock? Fortunately, the rates of people dying from an anaphylaxis reaction are very low, with around ten people dying from an anaphylactic shock a year. However, the Food Standards Agency explains that young adults are the most vulnerable to dying from an anaphylactic shock. This is because their peers may pressure them into eating food that they are allergic to. Another reason is that they may have left home and have started preparing meals on their own for the first time. This could lead to a beginner’s mistake, which could be fatal.

Could You Request That An Ingredient Be Left Out?

If a customer suffers an allergic reaction to Chinese Food, because the restaurant or takeaway shop acted negligently, the establishment can be held liable for their injuries. As a result, the customer may have the right to claim compensation for their allergic reaction after eating at a Chinese restaurant.

Government guidelines instruct restaurants to cooperate with customers that suffer from food allergies on the following grounds:

  1. If a customer informs the restaurant that they are allergic to an ingredient and wish for it to be removed from the food, the restaurant must cooperate effectively.
  2. In the scenario that the item on the menu has already been prepared and the said ingredient cannot be removed, the restaurant staff must inform the customer that the order is not suitable for a person with their condition and could suggest a safe alternative.

If you are unsure what to say, you could ask….

”Please remove the peanuts, a certain type of vegetable, shellfish, dairy products or please do not include eggs.”

“What are the allergenic ingredients in special fried rice?” and ask for ingredients such as egg, or prawns to not be included if they could trigger an allergic reaction.

What Happens If Staff Don’t Leave These Ingredients Out

If a customer explains to a Chinese restaurant that they suffer from an allergy to certain ingredients, and the restaurant does not remove the ingredients from the food nor do they tell the customer that they cannot this is deemed to be negligence on their part. Similarly, if the ingredients cannot be removed from the meal, for example, the sauce has already been prepared, then the restaurant must warn the customer that the food is not suitable for them. Failing to warn the customer, would also be judged to be negligence on the restaurant’s part.

Can you sue a restaurant for a food-allergic reaction? Yes. If the customer suffers a food allergy in a Chinese restaurant, or an allergic reaction to Chinese takeaway food, because the staff have provided incorrect allergen information and you have suffered due to this you may be eligible to claim compensation from the restaurant. Call our team at Legal Expert today to enquire about making a Chinese restaurant allergy claim today.

Criminal And Civil Law Protections

What food allergy laws apply to restaurants in the UK? We will look at the food allergy laws affecting restaurants in more detail below.

Article 28 of EC Regulation 178/2002 (General Food Law Regulation)

According to Article 28 of EC Regulation 178/2002 a panel of scientific experts (The Scientific Committee) and permanent Scientific Panels, oversee decisions made on nutrition, novel foods and food allergens.

Article 14 of EC Regulation 178/2002 (General Food Law Regulation)

According to Article 14 of EC Regulation 178/2002, food that is considered to be unsafe, must not be sold. This can include food that is injurious to health.

Ofcourse, foods that can cause allergic reactions are only injurious to health for people who suffer from a specific food allergy.

Section 15 of the Food Safety Act 1990

According to Section 15 of the Food Safety Act 1990, it is an offence to misrepresent the content of, or quality of food for sale. This could be a misrepresentation of the food on the packaging, a menu or in advertising.

Section 14 of the Food Safety Act 1990

According to Section 14 of the Food Safety Act 1990, it is an offence to sell food, which is not as described.

What Information Has To Be Provided With Regards To Allergens At A Restaurant?

Do restaurants have to provide allergen information? Yes, all types of restaurants do. EU Directives which are practices in the UK, state that foods 14 common allergens must be labelled on food packaging or menus or through speech, in order to warn customers who suffer from food allergies. Which allergens are required to be displayed on food labels? Food providers must warn customers of the following allergens if they are contained in the foods: Sulphur dioxide, celery, milk, mustard, fish, eggs, crustaceans, gluten, nuts, lupin, soybeans, peanuts, sesame seeds and molluscs.

Should I Tell A Restaurant About My Food Allergy?

Restaurants should inform you about food allergens on packaging labels and/or menus or if you request the information. If the restaurant provides incorrect allergen information contained in their food, causing you to have an allergic reaction, you may be eligible to claim compensation. For more advice about the circumstances in which you could claim compensation, call the Legal Expert team today to speak to an advisor.   

Restaurant Allergy Damages Calculator

You can use Legal Expert’s personal injury claims calculator to estimate how much compensation you could receive. If you were hospitalised due to anaphylaxis you are more likely to receive a higher amount of compensation. The compensation calculator should only ever be used as a guideline it is based on amounts illustrated by the Judicial College. Of course the amount you could receive may vary based on the personal circumstances, so please feel free to call Legal Expert for an accurate estimate of how much compensation you could claim.

The table below is based on general damages. General damages are awarded to compensate the injured person for the pain, loss of amenity and suffering caused by their injuries.

Classification Of IllnessInformation On Symptoms SufferedWhat Damages Could Be Awarded
Illness - (level 1)Claimants could include the following symptoms;
- A rash or other skin symptoms.
- Loss of some sexual or bowel function.
- Suffering pain.
- Fever and/ or high temperatures. Hospitalisation.
from £36,060 upto £49,270
Illness - (level 2)The victim may suffer the same symptoms as above, but at a lesser degree. from £8,950 upto £18,020
Illness - (level 3)Similar symptoms as outlined in the first level, but milder as less disruption in social and work life.from £3,710 up £8,950

How Special Damages Are Awarded

In addition to claiming general damages you will also be eligible to claim compensation for the expenses your injuries have cost you. For example, if you needed medical treatment for your allergic reaction, you can claim back the cost of this in special damages. Other types of special damages you can claim include travel expenses such as the cost of taking a taxi to the hospital, care expenses and reimbursement for any income lost as a result of being injured.

No Win No Fee Claims For Allergic Reactions After Eating At A Chinese Restaurant

At Legal Expert we understand that many claimants worry about having to pay an upfront solicitors fee before work begins on their compensation claim. That’s why we offer our claimants the choice to make a No Win No Fee claim. What does making your claim on a No Win No Fee basis involve?

  1. Work will begin on your claim, without charging you an upfront fee or any ongoing fees.
  2. Your personal injury solicitor will only charge you a solicitors fee if your allergy compensation claim is successful. If you do not win your claim, you will not have to pay a solicitor’s fee.

If your personal injury lawyer wins your claim, your fee is deducted at a capped rate from your compensation package, making a No Win No Fee claims a more affordable option for many claimants. To find out more about what a No Win No Fee claim involves call the team at Legal Expert today to speak to a helpful claims advisor. Alternatively, we also have a No Win No Fee claim guide that you can read.

Contact Us

To begin your claim for an allergic reaction after eating at a Chinese restaurant call Legal Expert’s team today on 0800 073 8804.

Alternatively, you can fill out our form for online claims to get in contact with us.

If after your free claims consultation we can see that you are owed compensation we will assign an expert solicitor to start working on your case as soon as possible. Call today to enquire about making a Chinese restaurant allergy claim; we’re looking forward to hearing from you.

Useful Information – Guides And Sites

If you suffer from a food allergy, you may find the information available on the Allergy UK website useful for help managing your condition.

Other Food Allergy Claim Guides

How To Sue A Restaurant For An Allergic Reaction In The UK?

Food Allergy Claims Solicitors Guide – How To Claim Food Allergic Reaction Compensation?

An Allergic Reaction After You Have Eaten In McDonald’s, Can I Claim Compensation?

Allergic Reaction To Chinese Food – FAQ

Can You Be Allergic To Chinese Food?

Depending on what specific food types you’re allergic to, there are certain Chinese meals which can potentially cause an allergic reaction. Certain Chinese meals may contain eggs, fish, milk, sesame, soybeans or other ingredients which are categorised by the Food Standards Agency as some of the 14 main allergens.

Is MSG Legal In The UK?

Monosodium glutamate (MSG) can be sold in UK shops and it may be used within certain meals offered in Chinese restaurants. MSG is classed as a food additive and such additives must undergo safety evaluations (overseen by the Food Standards Agency) before they can be sold in the UK.

What Does An MSG Allergy Look Like?

People who have a sensitive reaction to MSG do not experience a true allergic reaction but some of the symptoms and the timing of them can resemble one. Those who experience a sensitive MSG reaction after consuming MSG may experience symptoms such as skin flushing, sweating and headaches. Such symptoms are usually short-term and mild if they do occur.

Looking for more advice on claiming for an allergic reaction after eating at a Chinese restaurant? You can contact Legal Expert for help today using the contact details featured above in this guide.

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