SUING AN INDIAN RESTAURANT FOR AN ALLERGY

Have you had an allergic reaction from an Indian restaurant or food retailer? We may be able to assist you in claiming compensation.

Call us on 0333 358 3034 today or contact us online via our website.

ALLERGIC REACTIONS

The auto-immune system can trigger an allergic reaction when it reacts in a hostile way to specific food ingredients. Roughly 2 million people in the UK and between 6-8% of children have a food allergy to some degree.

An allergic reaction can occur through digestion, inhalation, skin contact or – in extreme cases – just close proximity to an allergen. The immune system releases histamine because it believes it is under attack from the allergen in question. Severe reactions can lead to anaphylaxis shock. This is where the body over-reacts to the foreign body. People can react to allergens in a variety of ways and many reactions are of a mild nature. However, sometimes they can be fatal.

The food standards agency has found that roughly 5,000 people every year are hospitalised following an allergic reaction related to food. Historical cases, such as that of a girl dying from a severe reaction to sesame seeds, mean that it is crucial for businesses to follow the strict rules which promote consumer safety.

THE CAUSES OF AN ALLERGIC REACTION TO INDIAN FOOD

Indian food is well known for its combination of great-tasting flavours using local herbs, vegetables, and fruits, along with its varying levels of spices. Curry is usually seen as the most popular dish with multiple variations based on differing ingredients used to cook the dish. Alongside this, Side dishes including naan, rice, and poppadoms are also very commonly ordered at an Indian restaurant.

The most common allergic reactions seem to result from dairy products, wheat, peanuts and seafood. These reactions can vary quite considerably but most often include symptoms such as stomach pain, a red itchy rash, or facial and throat swellings.

Restaurants that mislead or omit information about the allergenic ingredients in their foods is the main reason hospitalisations related to food allergies occur.

Within Indian cuisine, some of the most common triggers are:

• Milk
• Cheese
• Fish
• Crustaceans (prawns, lobster, crabs, crayfish)
• Molluscs (clams, mussels, oysters, whelks, squid and snails)
• Nuts (walnuts, hazelnuts, almonds, Brazil nuts, pecans, macadamia nuts, pistachio nuts)
• Peanuts
• Soybeans
• Sesame seeds

 

HOW CAN I CLAIM COMPENSATION FOR AN ALLERGIC REACTION TO INDIAN FOOD?

An establishment can be held accountable if a customer falls ill and they have failed to inform the customer about a dish that contains one of the 14 major allergens.

In order to prove liability you might have to demonstrate that:

• The organisation didn’t display adequate allergy warnings
• The food consumed contained a recognised allergen
• The claimant consequently suffered an allergic reaction

It must be shown, if the reaction was not immediate, that the allergen was consumed at the specific restaurant and not at home or elsewhere.

 

I DIDN’T TELL THE RESTAURANT STAFF ABOUT MY ALLERGY. CAN I STILL CLAIM?

Customers must be warned about the presence of the 14 main allergens and this is necessary regardless of whether the customer makes them aware of any allergies. Your claim will not be dismissed because you failed to mention an allergy that falls within this list.

However, if the customer has an allergy to a different ingredient that is not covered by the law, they should make the restaurant or outlet aware of this. It is worth getting in touch with a solicitor anyway because sometimes customers who do not alert staff of their allergy can still bring a claim.

 

INDIAN RESTAURANT ALLERGIC REACTION COMPENSATION CLAIMS

These cases vary widely and are often dependent on the type of symptoms experienced combined with the timeframe for recovery. There are two parts to any personal injury claim. The first part relates to ‘general damages’ and refers to the compensation owed for the actual injury of the allergic reaction. Our solicitors will take account of:

• Life-changing injuries
• Mental trauma
• Pain and suffering due to the allergic reaction

The second part refers to ‘special damages’ and includes:

• Adaptions to the home
• Medical expenses (inc. future medical expenses)
• Loss of earnings
• Loss of future earnings
• Additional transport costs

TRY THE ONLINE ELIGIBILITY CHECKER

AMOUNT OF COMPENSATION 

All personal injury cases are unique and so the amount of compensation that is awarded in each case is also unique. The amount of compensation that is awarded is determined by looking at two specific factors – general damages and special damages. 

GENERAL DAMAGES 

The pain and suffering that your injuries have caused is the main factor that is used to determine how much compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that outlines the length of time the injuries will take to heal as well as their severity. 

Our compensation calculator gives an indication of how much you might be entitled to based on your injuries. 

 SPECIAL DAMAGES 

However, compensation also takes into account any financial losses that you might have suffered as a result of your injuries. If you have had to pay for treatment or travel to treatment, compensation may also be able to cover this as well. Therefore, you should keep any receipts or other documents that help to outline the extent of your financial losses, as caused by your accident/injuries 

With the exception of children, there is a three-year time limit on making a personal injury claim. This time limit begins from the date that the accident initially occurred. 

Before a child turns eighteen years old it is possible to make a claim on their behalf at any time. The law stipulates that after the age of eighteen they only have three years in which to make a claim. If your child sustained an injury as a minor (under the age of 18), the claim must be submitted within 3 years of their 18th birthday. 

GET IN TOUCH WITH JEFFERIES TODAY

We recommend contacting us if you believe you are entitled to compensation. You can reach us on 0333 358 3034 or get in touch online via our website.