Food Allergy Claims

If you have suffered as a result of an adverse reaction to food allergy as a result of poor preparation or cross contamination while eating out or eating food prepared on a commercial basis such as a takeaway meal or sandwich then you may be entitled to claim compensation for your injuries and losses including psychological trauma that you may sustain.

The increase in the development of food allergies combined with an increase in the level of eating out has seen a huge increase in the incidence of adverse reaction claims.

Cohen Cramer Solicitors have the knowledge and expertise to ensure that you receive the compensation that you deserve.

Food allergies can result from a failure of the restaurant or takeaway to ensure that not only are there sufficient indication and warning that product may contain particular ingredients but also to ensure that any notification they have from customers that there may be a problem is recognised and dealt with accordingly.

The vast majority of allergy cases are as a result of a failure to advise as to the presence of potential allergens or a failure to listen to the customer when they advise of the condition and requirements.

The most common issues with allergens relates to blank.

The main problems and symptoms that will arise from allergic reaction to food are as follows skin rashes and blemishes diarrhoea vomiting breathing and swallowing difficulties as a result of swelling of the throat and the tongue.

In the worst case scenario it can result in death.

If you develop any of the symptoms as a result of what you believe is a food allergy then you would be advised to seek medical attention.

Food labelling and packaging

The food standards agency state that food allergens that are use either ingredients or in the processing of the product must be declared on the packaging or at the point of sale.

There are 14 key allergens that must be identified by food businesses in the UK.

These are:

  • milk
  • crustaceans
  • eggs
  • fish
  • lupin
  • celery
  • soya
  • cereals containing gluten
  • peanuts
  • nuts
  • sesame seed
  • mustard
  • molluscs
  • sulphites

Food allergy occurs as a result of your body immune system mistaking the protein in the food as an attack upon the body.

What if I don’t tell the restaurant of my allergy.

The restaurants are required to advise you if they will be using any of the 14 allergens in your meal. if you don’t tell them they can still be liable they have not advised you.

The advise should be either on the menu and given by the waiter when taking your order; it is not down to you ask

If you are allergic to something other than the key allergens then there is an obligation upon you to notify the restaurant of your condition.

What will it cost me to bring my claim?

We can deal with your claim on a no-win no fee basis so that if for any reason your claim is not successful you do not have to pay for the work we have done on your behalf.

How long do I have to bring my claim?

You have three years from the date of your reaction to bring your claim however the sooner you can bring the claim the better as it may be necessary to preserve obtain and preserve evidence in support of your claim . If the person suffering reaction is under the age of 18 the three-year start to run on their 18th birthday

To find out how we can help you claim compensation you deserve to get in touch with us today