Allergic Reaction at Brewers Fayre
Have you had an allergic reaction at Brewers Fayre? If you have suffered an allergic reaction after eating at Brewers Fayre and can prove it was due to the negligence of the restaurant, then you may be eligible to claim compensation. There could be a number of reasons oversights like this can occur such as miscommunication, lack of training, or even complacency.
It can be difficult to understand your rights when something triggers your allergy at a Brewers Fayre in the UK. With the right evidence, you could be awarded the compensation you deserve if the incident was not your fault. In this article, we will discuss these rights in depth so that you know where you stand. If you have any questions about your rights regarding the triggering of your food allergy at Brewers Fayre then don’t hesitate to get in touch with our team.
Once we know more about your circumstances, we should be able to give you a more detailed overview of what you could earn in compensation. If it’s deemed that you have a valid claim then our advisors may be able to connect you with our panel of personal injury solicitors to help you make a No Win No Fee claim.
Get In Touch With Our Team
There are a number of ways that you can reach out to our team.
- You can call us on 020 3870 4868
- Chat to us using the live chat feature in the bottom right corner
- Fill out the online form on our website to see if you have a valid claim
Services And Information
- Everything You Need To Know About Your Rights After An Allergic Reaction At Brewers Fayre
- What Is An Allergic Reaction At Brewers Fayre?
- What Could Cause An Allergic Reaction In A Restaurant?
- Food Allergy Symptoms
- Your Right To Be Notified Of An Allergen
- What Allergens Do Restaurants Need To Warn You About?
- Compensation Calculator For Allergic Reactions At Brewers Fayre
- The Law On Labelling Allergens
- What Is The Definition Of A Catering Establishment?
- Check If You Are Eligible To Claim For Your Food Allergy
- Consumer Rights When Dining In A Restaurant
- Limitation Periods For Food Allergy Claims
- I Suffered An Allergic Reaction At Brewers Fayre, What Should I Do?
- Claim For An Allergic Reaction At Brewers Fayre On A No Win No Fee Basis
- Other Information
- FAQs About Your Rights After An Allergic Reaction At Brewers Fayre
Everything You Need To Know About Your Rights After An Allergic Reaction At Brewers Fayre
Many people may not know this, but experiencing an allergic reaction due to the negligence of restaurant staff would fall under the umbrella of personal injury law. Therefore, if through no fault of your own you suffer an allergic reaction at Brewers Fayre, you could make a claim for compensation. Every establishment that serves food must have information regarding any allergens present in their dishes available to customers. This could be achieved via things such as:
- A special annotated menu stating what dishes contain what allergens
- Notes next to each dish
- A written direction advising you ask the staff, or to inform them regarding any of your allergies
If this information is not made available then this could result in customers ordering food containing an ingredient they are allergic to. This would be considered negligence and could lead to a successful personal injury claim.
Some venues will allow requests to be made for the removal of allergens from certain dishes. However, they are not legally obligated to fulfil these requests. This could be due to reasons such as the food arriving at the venue already prepared, or the request being too intricate for the chefs to carry out with confidence. Cross-contamination of dishes should be avoided by restaurants too.
If your allergic reaction at Brewers Fayre was caused by the staff mismanaging your order or providing you with incorrect/no information regarding allergens then you could have a valid claim. You must be able to prove it, though, such as through witness statements of receipts showing your bespoke request.
What Is An Allergic Reaction At Brewers Fayre?
Allergies are one of the most common conditions in the world. Some allergies are easier to live with as their trigger appears less in everyday life. The symptoms could also be less severe and more manageable.
Some people have allergies that could be a day-to-day battle and may cause more severe symptoms such as anaphylaxis. Some people who are very at risk are advised to carry with them an adrenaline auto-injector to be administered following a severe allergic reaction.
In the UK alone, it’s estimated that over 2 million people are living with a diagnosed food allergy. This figure could actually be much higher. In 2010, it was reported that 44% of adults in Britain had at least one allergy. This number was on the rise at the time, so it’s possibly a much higher percentage by now.
What Could Cause An Allergic Reaction In A Restaurant?
There are 14 main food allergens that are the most commonly addressed in restaurants. These are the allergens that should be identified on a Brewers Fayre menu. Failing this, there should be information on how to find these details elsewhere. Even if it takes the form of something like “please ask our staff for allergen information”.
Some allergens can pop up in unexpected places, so it’s important to know where these ingredients are used and when they’re likely to appear. We’ve included a table below to list these 14 allergens and in what foodstuffs/drinks they could feature.
| Condition | Examples of Triggers |
|---|---|
| Milk allergy | Most often cow milk, but milk from other animals such as goats and sheep can cause a reaction in some people |
| Nut allergy | Nut allergies can be triggered by peanuts, almonds, pecans, etc. |
| Egg allergy | Animal eggs – can appear in recipes such as cakes and hollandaise sauce etc. |
| Fruit allergy | People can be allergic to one specific fruit or can be sensitive to several |
| Dairy allergy | Products containing milk such as cream, butter, ice cream etc |
| Wheat allergy | Can be ground into flour and used in things like bread and pasta etc. |
| Soy allergy | A product of soybeans, used in cooking and some dairy-free milk alternatives |
| Fish allergy | Cod, haddock, mackerel, etc. |
| Lupin allergy | A legume in the same family as peanuts, can be eaten whole or ground up for flours etc. |
| Seafood allergy | Used to refer to consumable creatures harvested from the sea |
| Gluten allergy | Bread, pasta, crackers etc – commonly confused with gluten intolerance, which can cause varying degrees of discomfort but not necessarily an allergic reaction |
| Celery allergy | A vegetable that can feature in many recipes such as soups and salads etc. |
| Sulphur dioxide allergy (Sulfites) | Used in the preservation and preparation of many foodstuffs – those allergic/sensitive to sulfites need to be very aware |
| Cereal allergy | Can appear in many things like flours and bread |
| Shellfish allergy | Lobster, crab, mussels, etc |
| Mustard allergy | Often a condiment, made from mustard seeds which can be used in a variety of recipes |
Food Allergy Symptoms
An allergic reaction at Brewers Fayre could occur due to an ingredient you asked to be removed from a dish not being removed after the restaurant agreed they would. Whether this mistake occurred due to a lapse in memory, judgement, or a lack of sufficient training, allergic reactions can still occur.
Some may be only minor and cause a little discomfort. However, some extreme cases can be very uncomfortable, painful, and can even result in death. If you do have a food allergy, it’s important to know the symptoms you could experience so that you can seek medical treatment if necessary.
We’ve listed some of the main symptoms you could experience if you have an allergic reaction at Brewers Fayre.
- A raised, red rash (sometimes it isn’t raised)
- Tingling or itching in the mouth
- Symptoms similar to hay fever such as itchy eyes or sneezing
- Dizziness/lightheadedness
- Nausea/vomiting
- Swelling of body parts (often the face, mouth and/or throat)
- Inability or finding it difficult to swallow and/or breathing
- Abdominal pain and/or diarrhoea
- Anaphylaxis (in extreme cases)
Your Right To Be Notified Of An Allergen
If any of the main 14 allergens appear in dishes on a Brewers Fayre menu, as a customer you have the legal right to access this information. Whilst it doesn’t need to be written down, this is usually a very effective way to convey it. All staff should also know or have access to this information. This is so that they can help you to choose something from the menu that is safe for you to consume.
In the event that you’re unsure about the presence of an ingredient that could trigger your food allergy at Brewers Fayre then check with the staff. If you’re assured by the staff that what you select from the menu is safe for you to consume and you still suffer an allergic reaction at Brewers Fayre then this could be a case of negligence that you could claim for—if you can back it up with evidence.
If you’re unsure whether your symptoms were the result of negligence or not then call our advisors today. The more we know about the circumstances surrounding the triggering of your allergy at a Brewers Fayre in the UK, the more accurately we will be able to assist you.
What Allergens Do Restaurants Need To Warn You About?
There are 14 allergens that need to be present on a menu. If not, you need to be made verbally aware by the staff. However, it’s still possible that some details could be missed. Ingredients such as dairy, egg and gluten can appear in many recipes so you should be extra vigilant when trying to avoid your trigger.
Whilst as an allergy sufferer you do have responsibility for your own health, being supplied with incorrect allergen information can cause you to experience symptoms you’re trying to avoid. Therefore, mislabeling items on a menu could also justify a personal injury claim.
Compensation Calculator For Allergic Reactions At Brewers Fayre
Following an allergic reaction to a Brewers Fayre dish due to negligence, you may want to make a claim for compensation.
Compensation amounts can be made up of two main figures. These figures are known as general damages and special damages. Firstly, we’ll cover the topic of general damages.
This figure is awarded to the claimant to account for physical pain and mental suffering caused by their injuries. It is calculated by reviewing the extent of the injuries and how long the symptoms will endure.
To help lawyers get an idea of the value of different injuries, they can turn to a publication known as the Judicial College Guidelines (JCG). These guidelines were last updated in 2019 and are made up of an extensive list of injuries. The injuries are given values regarding what they could be worth in compensation depending on severity and recovery time.
We’ve used the JCG to create the table below. It contains some example figures of what certain injuries following an allergic reaction at Brewers Fayre could be worth in general damages. These figures can only be claimed if Brewers Fayre’s negligence is what caused your symptoms.
| Injury | Description | Amount |
|---|---|---|
| Mental anguish | Fear of impending death/reduction in expectation of life | £4,380 |
| Brain damage | (ii) Cases in which there is a moderate to modest intellectual deficit, the ability to work is greatly reduced if not removed and there is some risk of epilepsy | £85,150 to £140,870 |
| Post-traumatic stress disorder | Moderate – in these cases the injured person will have largely recovered and any continuing effects will not be grossly disabling | £7,680 to £21,730 |
| Post-traumatic stress disorder | Less severe – in these cases a virtually full recovery will have been made within one to two years and only minor symptoms will persist over any longer period | £3,710 to £7,680 |
| Illness | (iii) Food poisoning causing significant discomfort, stomach cramps, alteration of bowel function and fatigue. Hospital admission for some days with symptoms lasting for a few weeks but complete recovery within a year or two. | £3,710 to £8,950 |
| Illness | (iv) Varying degrees of disabling pain, cramps, and diarrhoea continuing for some days or week | Up to £3,710 |
Then we have special damages. They are calculated on a case-by-case basis and therefore can vary greatly. This figure is awarded to the injured party to reimburse them for any additional outgoings/losses caused by their injuries. This could be for things such as loss of earnings due to time off work, damage to property, and even medical costs that aren’t covered by the NHS. It’s important to maintain records so you can prove these costs were incurred, and that they were due to your injury.
The Law On Labelling Allergens
It’s vital that careful consideration is given to allergens being listed on a menu. If allergen information is completely unavailable in all forms in a restaurant then it’s possible that the venue is breaking the law.
Some key laws that cover this are:
There are many areas of food law that have been put in place with the purpose of decreasing the likelihood of those suffering from food allergies coming into contact with their triggers.
What Is The Definition Of A Catering Establishment?
The food and hospitality industry can contain many grey areas when it comes to the classification of different venues. One of the main distinguishing factors is how and when the food is prepared and how it’s intended to be served.
In the case of Brewers Fayre, they prepare and serve food regularly as part of their daily operations. The food is then served to the customer directly. These features would make Brewers Fayre a catering establishment. Other cafés, restaurants and the like could also be considered catering establishments.
Check If You Are Eligible To Claim For Your Food Allergy
If you have asked all relevant questions regarding the presence of allergens on the menu and still suffer an allergic reaction to a Brewers Fayre dish you told was safe for you, you have a legal right to make a claim for compensation.
Simply suffering an allergic reaction at a Brewers Fayre is not enough to make a claim against them. You need to be able to prove that they were the ones responsible for your allergic reaction and the harm you suffered as a result. If you have no evidence or other means of backing up your claim, then it’s unlikely that you will be successful.
Consumer Rights When Dining In A Restaurant
The Consumer Rights Act 2015 states that while dining out at a restaurant your food has a legal requirement to have been produced with reasonable skill and care. It must also be of satisfactory quality and fit for purpose.
If these requirements are not met it can lead to customers becoming ill in a number of ways. This can include food poisoning, such as salmonella, and allergic reactions. If your food is cross-contaminated and you suffer a reaction, you could be entitled to make a claim too.
If you can prove that these rights have been violated and are the cause of your allergic reaction at Brewers Fayre then you may be eligible to receive compensation if you have the relevant evidence to substantiate your claims.
Limitation Periods For Food Allergy Claims
Following a personal injury such as an allergic reaction at Brewers Fayre, you will generally have 3 years from the date it occurred to make a claim. There are however a few circumstances where the personal injury claims time limit can be suspended or extended. We have included some examples of a few of these scenarios below.
General Accident Claims
Most personal injury claims will have a 3-year time limit from the date of the accident for you to make a claim. This date is known as the date of the accident and is often when injuries are detected. However, certain injuries or illnesses caused by negligence may only be diagnosed at a date following the accident. This is called the date of knowledge. Your time limit could begin from this date, the date when you are first made aware of your injuries.
It’s important to be able to prove the date of knowledge is separate from the date of your accident. Medical records are a good way to achieve this.
Child Accident Claims
Claimants under 18 cannot pursue their own claim until they become legal adults on their 18th birthday. Until then, their 3-year time limit is suspended. If they want to pursue a claim before this date then they must do so via a litigation friend. This is a legal adult affiliated with the child with their best interests in mind. They can take the form of a parent, guardian, friend, or even a legal representative.
Claiming on Behalf of Someone With a Reduced Mental Capacity
The claimant may have a reduced mental capacity. This could be as a result of their injuries, or it could be a condition pre-dating the accident. In either case, the time limit is again suspended. In cases where the claimant’s mental capacity returns, then the 3-year time limit will begin from that date.
Alternatively, a litigation friend can also pursue a claimant’s case for them while the time limit is suspended.
I Suffered An Allergic Reaction At Brewers Fayre, What Should I Do?
The most important thing immediately following an allergic reaction at Brewers Fayre is to seek medical attention. Even in cases that have been treated at the scene using an adrenaline auto-injector, you should still go to the hospital to be checked over. Not only will this give you the best chance of recovery, but it will generate medical records which you will be able to use as evidence during your case.
Gathering evidence is another important step. Quality evidence should increase your chances of making a successful claim. Things like photographs and witness contact information (so that statements can be collected later) are good examples of this. A copy of the menu you ordered from would be helpful to obtain too. Medical records will help establish the extent of your reaction, which could affect how much you stand to earn.
Seeking specialist legal advice is also a very important step. Our legal advisors can answer your questions and let you know if you have a valid claim. Get in touch with us today. Our panel of solicitors may be able to help you on a No Win No Fee basis.
Claim For An Allergic Reaction At Brewers Fayre On A No Win No Fee Basis
All of the personal injury solicitors on our panel operate on a No Win No Fee basis. This means that they will not need to be paid unless your claim is successful. If it is unsuccessful then you won’t be responsible for covering their legal costs.
Following a winning case, your solicitor will take a small and legally capped fee from your compensation as their payment. To see if you could make a claim on a No Win No Fee basis then reach out to us today.
- You can call us on 020 3870 4868
- Chat to us using the live chat feature in the bottom right corner
- Fill out the online form on our website to see if you have a valid claim
Other Information
Here are some links to additional information regarding the matters discussed in this article.
- How to make a fatal accident claim.
- Here are some tips on if you need to sue on behalf of someone else.
- Our advice regarding your rights following an allergic reaction at a restaurant.
- Signs of Anaphylaxis – NHS advice.
- How litigation friends can help claimants.
- You could prove your presence at a restaurant with CCTV footage.
FAQs About Your Rights After An Allergic Reaction At Brewers Fayre
We’ve included some answers to some of the more common questions we’re asked.
Can you sue a company for an allergic reaction?
If you can prove that the company acted negligently when handling your food order, then yes. In the event that you make no effort to ask about the presence of allergens that could affect your health then it could affect or even invalidate your claim.
How do I prove I visited the restaurant?
Things like witness statements and receipts can prove you were at the restaurant on the date in question. If the restaurant has CCTV, you have a legal right to request the footage.
Do I need medical evidence?
Your case will be much stronger with medical evidence. Not only will it act as proof that your injury took place, but it will also contain information on the severity and recovery period from the injury too. As part of our service, we can arrange an independent medical assessment to help back up your claim regarding an allergic reaction at Brewers Fayre caused by negligence.
Guide by BAD
Edited by BER
