How much could you claim?

Find out in 30 seconds...
Injured in the last 3 years?
Was the accident your fault?
Did you recieve medical attention?
Please tell us where you were injured
  • Please enter your full name
  • Please enter a valid name
  • Please enter your telephone number
  • Please enter a valid telephone number
  • Please read our Terms & Conditions

    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Who is liable for an allergic reaction to food?


    Who is liable for an allergic reaction to food?

    When it comes to accidents in public, allergic reactions in restaurants do not immediately spring to mind as the obvious example. Whilst the physical injuries caused by slips, trips and falls may be easier to notice or give a clearer indication that an accident has occurred, allergic reactions can be every bit as serious. Certain foods are more likely to evoke an allergic reaction than others. The most common offenders include:

    • Wheat products;
    • Dairy products, such as milk and cheese;
    • Shellfish and other varieties of seafood;
    • Nuts, especially peanuts; and
    • Some fruits and vegetables, including carrots and apples.

    The symptoms of an allergic reaction can vary from person to person. The most common signs that someone is struggling include, but are by no means limited to, the following:

    • Rashes developing on the skin. Existing conditions such as eczema may also get noticeably worse;
    • Disruptions to the digestive system, such as diarrhoea or vomiting;
    • Swelling around the face and lips;
    • Breathing difficulties, which may be similar to those of an asthma attack; and
    • Difficulty swallowing.

    Suffering allergic reactions in public places can be a deeply distressing and worrying experience for both the victims and those who are with them at the time. Therefore, it is important to remember that you may be due some personal injury compensation.

    A key part of a successful accident compensation claim is establishing who is at fault. As a general rule of thumb, any business which prepares or provides food is responsible for ensuring that the health of people with food allergies is not put at risk. If the restaurant or a similar food establishment created or carried the food without due care and attention, then a food allergy claim may be forthcoming from someone who is injured as a result.

    However, some responsibility also falls on the person who has the allergy. It is important that you inform the staff of institutions immediately of any food allergies you have before eating. Failing to do so will significantly decrease your chance of making a successful food allergy claim in the event of an allergic reaction.

    Open Claim Calculator

    Apportioning blame in food allergy cases can be complicated. You must demonstrate both that the food consumed contained the relevant substance and that it was this that caused the reaction. Our legal team here at Accident Advice Helpline can answer any claim questions you have and guide you through the process. Call us today on 0800 689 0500.

    Date Published: May 1, 2014

    Author: Accident Advice

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.