Peanut allergy reaction leads to compensation from takeaway

Most people have heard of anaphylactic shock. One man suffered this extreme allergic reaction after having a small bite of an Indian takeaway. Steven Obertelli has a peanut allergy and he had regularly eaten from one local curry house for many years. The waiters there knew of his allergy but on this occasion a new ingredient had been used in the dish he ordered. The ingredient contained peanuts and the chef was unaware this was the case.

The case went to court and the Tandoori takeaway was fined thousands of pounds for the incident. Compensation was also paid as a result of the error. It occurred last year but before this Mr Obertelli’s sister had died in a similar incident elsewhere. This occurred ten years previously so this occasion brought back memories of what had already happened.

Mr Obertelli likened the incident to playing ‘Russian roulette’ every time someone with a severe allergy wanted to have a meal out – something the rest of us take for granted. One taste of the chicken tikka masala he ordered this time was almost fatal – all due to a simple change of product and negligence when reading the label.

Could you claim compensation after suffering an allergic reaction similar to this?

The important aspect of this situation is whether or not the incident was someone else’s fault. If you alert the staff to an allergy so they are aware of the ingredients that should not be included in a particular dish for you, you should expect them to produce something that is safe for you to eat. If the chef is negligent and there is evidence of such negligence then it is possible that a compensation claim could be pursued as a result of the incident.

If you need professional advice, contact Accident Advice Helpline now

We can assist you if you have experienced a similar situation to this. Allergic reactions can be fatal, and a peanut allergy is just one example of a medical condition that can be very dangerous to the sufferer if the wrong thing is eaten. Seek advice from our professional injury advice lawyers today. We’ve got a 24/7 enquiry line on 0800 689 0500 that is completely free to call at any time of the day or night. Speak to us today and let’s see if we can help you with a no win, no fee* court case.

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