What Are Your Rights After An Allergic Reaction At Five Guys?
Check Your Rights If You Have Suffered An Allergic Reaction In A Takeaway
There are various types of allergens that can be extremely dangerous if someone who is allergic consumes them. If you have an allergy, such as to wheat, milk, or soy, you need to ensure you read all allergy information and labelling. However, what happens if you take these precautions and still suffer an allergic reaction at Five Guys?
Before beginning this guide, you may have questions such as:
- Can you eat at Five Guys with a nut allergy?
- Can you eat Five Guys fries with a peanut allergy?
- Do Five Guys use peanut oil in their burgers?
You shouldn’t have to suffer due to someone else’s negligence, especially when restaurants and food manufacturers should be aware of the law surrounding allergens. An allergic reaction can be life-threatening, so it’s of extreme importance that food suppliers don’t breach their duty of care.
Get In Touch With Our Team
If you’d like to learn more about pursuing a personal injury claim following an allergic reaction at Five Guys, you can contact our team of advisers. They are available 24/7 to learn more about your situation and discuss your options. Once they’ve had a chat with you and if you have a valid claim, they can connect you with our panel of personal injury solicitors.
Our expert panel of personal injury lawyers can then begin researching your case and compiling evidence. You’re under no obligation to continue with our services after speaking with our advisers, however. But, if you’d like, an adviser can connect you with our panel to begin your claim right away.
Get in touch with us by:
- Calling them on 020 3870 4868. Our team of advisers are always available to chat about your situation.
- Filling in our online personal injury claims form. An adviser will respond at your earliest convenience.
- Chat to an adviser via our live chat pop-up box for an instant response.
Services And Information
- Everything You Need To Know About Your Rights After An Allergic Reaction At Five Guys
- What Is An Allergic Reaction At Allergic Reaction At Five Guys?
- Causes And Triggers Of Food Allergies
- Symptoms Of A Food Allergy
- Your Right To Be Notified Of Allergens And Natasha’s Law
- What Allergens Should I Be Warned Of?
- Calculating Compensation For An Allergic Reaction At Five Guys
- Further Laws On Food Labelling
- Types Of Catering Establishments
- Your Right To Claim For An Allergic Reaction
- The Consumer Rights Act
- Limitation Periods To Claim For An Allergic Reaction In A Restaurant
- Steps You Can Take After An Allergic Reaction In A Restaurant
- Do You Handle Allergic Reaction At Five Guys Claims On A No Win No Fee Basis?
- Allergy Claims Guides And Information
- FAQs About Your Rights After An Allergic Reaction At Five Guys
This guide will first explore what an allergic reaction at Five Guys is and what causes and triggers food allergies. Next, there will be a section focusing on the symptoms of a food allergy and your rights to be notified of allergens, as well as a look at the changes set to be introduced in October 2021 through Natasha’s Law. Furthermore, the guide will explore what allergens you should be warned of.
There will then be a section looking at potential payouts for an allergic reaction, with our alternative to a personal injury claims calculator presented to allow you to assess how much compensation some injuries are worth.
Additionally, the article will discuss further laws on food labelling and the different types of catering establishments that exist. There will also be an explanation of your right to claim for an allergic reaction.
Moreover, the Consumer Rights Act 2015 will be looked at to outline what rights you have as a consumer at a catering establishment. There will then be a section regarding the personal injury claims time limit to show how long you have to file a personal injury claim. After this, the article will explain the steps you can take after your allergic reaction at Five Guys to protect your health and give a potential personal injury claim the best chance of success.
There will then be a discussion of No Win No Fee agreements, what this means, and how our panel of personal injury solicitors work on this basis. Next, the guide will include some related guides to give you as much information as possible about making a personal injury claim. Finally, there’s an FAQ section answering our most commonly asked questions.
If you have any queries while reading our guide or would like to commence a claim, simply call us on the number at the top of this page.
Allergies, such as an egg allergy, nut allergy, or soy allergy, are fairly common. They can affect people’s lives significantly, with some people having life-threatening conditions, such as anaphylaxis.
If a food manufacturer or restaurant doesn’t provide customers with a sufficient allergy guide, there could be harmful consequences. Each restaurant and takeaway should include an allergens list on their menu or website, or provide direction as to where allergen information can be obtained.
The below graph portrays that in 2010, 44% of adults were reported as having more than one allergy. These statistics are taken from narf.org.uk, which state that allergies have been on the rise since then.
It’s outlined that 1 in 13 children have an allergy, which is around 2 children per classroom. As you can see, allergies are common among children and adults, and cases are only increasing with time.
According to the NHS, a food allergy occurs when the body’s immune system reacts badly to a specific food. Allergic reactions can range from mild to serious, with some people even suffering from anaphylactic shock.
Some triggers of anaphylaxis include:
- Food allergies. For example, a fruit allergy, cereal allergy, gluten allergy, or celery allergy.
- Medicines. For example, antibiotics or aspirin.
- Insect stings – mostly wasp or bee stings.
- General anaesthetic.
- Latex – rubber found on some rubber gloves.
- Contrast agents – the dye used for some medical tests when helping parts of your body show up in scans.
You can help prevent and control anaphylaxis by:
- Identifying triggers – you could be sent to an allergy clinic where a medical professional will perform allergy tests on you. This checks for things you’re allergic to which could cause anaphylaxis.
- Avoiding triggers – you should be careful when eating out at a restaurant or takeaway or buying loose food. You should always read the labels of food and pay attention to the food that has an allergy warning label.
- Always carry your adrenaline auto-injector (epi-pen). You should inject yourself when you feel anaphylaxis beginning, even if you’re not 100% sure. You should carry 2 adrenaline auto-injectors if you have them.
The most dangerous type of allergic reaction is anaphylaxis. This tends to begin suddenly and worsen very quickly. The symptoms of anaphylaxis are:
- Feeling faint or lightheaded.
- Difficulty breathing.
- Racing heartbeat.
- Anxiety and confusion.
- Clammy skin.
- Fainting and becoming unconscious.
As stated in the above section, allergic reactions can range from mild to severe, so not everybody will go into anaphylactic shock. Furthermore, different parts of the body can be affected simultaneously by an allergic reaction. The symptoms of other allergic reactions include:
- Itching inside the throat, ears, and mouth.
- Red itching rash (such as hives).
- Nausea and vomiting.
- Swollen face, eyes, tongue, and roof of the mouth.
The UK Food Information (Amendment) (England) Regulations 2019, otherwise known as Natasha’s Law, will be fully introduced in October 2021. It means that all food businesses, particularly those that specialise in pre-packaged goods for direct sale, such as restaurants, supermarkets, or takeaways, will have to provide in-depth ingredients lists. This list will have to be on the label of prepackaged food, such as sandwiches. This is to protect people with allergies and help them feel safer when buying food.
Natasha’s Law has been introduced to commemorate the loss of Natasha Ednan-Laperouse, who sadly passed away after having an allergic reaction due to a lack of an ingredients list on prepackaged food. This law intends to make prepackaged food safer for people with allergies to buy and eat, as they’ll be able to easily read what ingredients are in it.
This new law states that prepackaged food will have to have:
- The name of the food on the packaging.
- A full ingredients list with any of the 14 allergens in bold or italics to help them stand out.
According to food.gov.uk, it’s estimated that 2 million people are living with a food allergy in the UK. Food allergies are common, so this law will hopefully help many people feel safer and more protected when buying food.
Regulations relating to food states that food labels, menus, and any other allergen information must inform you if a food item contains any of the 14 allergens. The 14 allergens consist of:
- Cereals containing gluten
- Dairy and eggs
- Molluscs (such as snails)
- Sulphur Dioxide and Sulphites
- Tree Nuts
If you have an allergy not included in the 14 allergens, you should check the label to see if the food item includes an ingredient that you’re allergic to. If there’s no label or you want to make sure, you can ask the staff for more information about their allergen list.
Some common allergies are:
- Nut allergy
- Egg allergy
- Milk allergy
- Dairy allergy
- Wheat allergy
- Soy allergy
- Fruit allergy
- Cereal allergy
- Gluten allergy
- Celery allergy
- Seafood allergy
- Fish allergy
- Lupin allergy
- Mustard allergy
- Shellfish allergy
- Sulphur dioxide allergy
A standard personal injury claims calculator wouldn’t be particularly helpful in this instance, as it’s unlikely to produce entirely accurate figures. This is because each case is unique. Instead, we’ve included a compensation table to convey how much some injuries may be valued.
The table below is for example purposes only and figures may vary.
Injury: Severity: Notes: Compensation:
Mental Anguish Severe A fear of impending death. £4,380
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning Severe Toxicosis Serious acute pain, diarrhea, vomiting, continuing incontinence, and requires hospital admission. £36,060 to £49,270
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning Serious but Short-Lived Diarrhea and vomiting lasting for 2-4 weeks with lasting disturbance of bowel function. £8,950 to £18,020
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning Less Severe Mild symptoms of an allergic reaction that resolve in full within a short space of time. Up to £3,710
Kidney Serious Permanent damage or loss of both kidneys. £158,970 to £197,480
Kidney Significant Risk of Future Urinary Tract Infection or Total Loss of Natural Kidney Function Some cases carry significant future medical expenses which will be high. Up to £60,050
Bowels Double Incontinence Total loss of natural bowel function with no urinary function or control left. Up to £172,860
Bowels Faecal Urgency Passive incontinence lasting after surgery and causing distress and embarrassment. In the region of £75,000
Bladder Double Incontinence No natural bowel function left and total loss of urinary function and control. Up to £172,860
Bladder Serious Impairment Significantly less control of bladder with some incontinence and pain. £60,050 to £75,010
As part of any personal injury claim, it may be possible to seek compensation under two heads of claim—general damages and special damages.
General damages compensate for the injury itself and the physical and mental effect it’s had on you. The award depends on the severity of your injury and how long your treatment takes. The figures you can see above relate to general damages.
Special damages compensate for the financial loss you’ve suffered due to your injuries. For example, if you had to take sick leave from work and suffered a loss of earnings. Please note that you must provide evidence to receive special damages. This could be bank statements to prove you paid out of pocket for your prescription medication.
If you’d like a more specific estimate of what you could potentially receive in general damages following an allergic reaction at a restaurant, please get in touch.
According to Gov.UK, food labelling must be:
- Easy to read and clear
- Easy to decipher and understand
- Not misleading
- Easily visible and accessible
Certain foods are controlled under product-specific regulations:
- Flour and bread
- Soluble coffee
- Milk products
- Chocolate and cocoa products
- Nectars and fruity products
- Infant formula
- Meat – burgers, sausages and pies
- Natural mineral waters
- Spreadable fats
- Irradiated food
- Foods containing GM (genetic modification)
People who package food must ensure they use plastic that’s safe to use for food. Necessary packaging will be marked ‘for food contact’ or with a small image of a wine glass and knife and fork.
Moreover, there are specific rules for packaging with ceramics, cellophane, or plastics. Food packers must have written evidence to prove they’ve followed these rules. This is referred to as a declaration of compliance and can be sought from your packaging supplier.
There are various different types of catering establishments with many different rules and regulations:
- Mass caterer/catering establishment: This includes a restaurant, club, canteen, school, public house, hospital, or another similar establishment (such as a fixed or mobile food stall/van). Essentially, places where food is prepared for the final consumer to eat it.
- Prepacked food: This is food that has been packaged before the sale. This means there’s no direct contact between the producer and consumer and the contents can’t be changed without opening the packaging. Most supermarket pre-packed food falls under this definition, such as tinned food, frozen food products, or ready-made meals.
- Prepacked for direct sale: This food is packed in the same place that it’s sold. Usually, the customers can speak to the person who is selling or making the food and ask about allergens. Therefore, there is no lawful obligation for this food to be labelled with ingredients or allergens. This, however, will change with the introduction of Natasha’s Law.
- Loose foods (non-prepacked): These are foods sold loose with no packaging. For example, foods sold in a retail environment on a food counter (such as pizza, cheeses, and pies). In terms of catering, this would classify as foods made for direct consumption such as in a cafe, restaurant, or purchased from a takeaway.
The Consumer Protection Act 1987 states that manufacturers can be deemed at fault if a consumer suffers an allergic reaction because of a defective food product. For example, if a packaging label defies the Food Labelling Regulations 1996 by failing to list the 14 allergens. This still applies even if the manufacturer isn’t technically negligent.
Restaurants owe a duty of care to protect and safeguard consumers, so breaching this duty can equate to negligence. Therefore, if a restaurant fails to have easily accessible allergy information, if staff aren’t trained to provide allergen advice, or if menus are inaccurate, it could cause a consumer to have a dangerous allergic reaction. This means they could have been negligent as they’ve failed to keep the consumer safe.
There are times when small traces of allergens are present in a food item, such as if it’s been made in a factory that includes these ingredients. If this is the case, manufacturers must add a ‘may contain’ segment to the label. Whether the manufacturer rectifies the case or not is dependent on how much of the allergen is in the food. This is often decided on a case-to-case basis.
In a restaurant setting, such as in Five Guys, menus or staff should provide warnings if there is any threat of cross-contamination. Steps should also be taken by the restaurant to ensure that hygiene standards are met and the risk of any cross-contamination is ruled out.
The Consumer Rights Act 2015 states that food should be made with as much care and skill as reasonably possible in order to keep consumers safe. Food should be classed as fit for consumption and of satisfactory quality.
To make a personal injury claim for an allergic reaction at Five Guys, you’d have to prove that the restaurant breached their duty of care by not protecting people with a food allergy. The restaurant has a responsibility to inform consumers of any allergens in their food as the food allergy laws for restaurants state.
If you ate at Five Guys and have a peanut allergy, there should be an allergens list you can read which includes the 14 main allergens. If there isn’t an allergens list or a dedicated allergen menu, there should be a clear indication as to where you can find the information you need. This could be a notice directing customers to ask staff.
If there is a complete failure to supply accurate allergen information on the part of the restaurant, a personal injury claim could be justified. Please note that you’ll have to provide evidence that you had an allergic reaction at Five Guys which was caused by their failings.
The time limit for a personal injury claim is three years. That’s classed as three years from the exact date you suffered your injuries or three years from when you realise your injuries were due to an allergic reaction at Five Guys.
There are some exceptions to the three-year personal injury claims time limit rule:
- Child accident claims: If you’re under 18, the three-year time limitation period begins on your 18th birthday. Otherwise, someone you’re close to can become a litigation friend to pursue the claim on your behalf sooner than this if you’d like.
- Lack of mental capacity: If you’re mentally incapacitated, the three-year limit begins from the day your recovery commences. On the other hand, someone you trust can act as a litigation friend to file the claim for you.
If you’d like more advice about the personal injury claims time limit and how long you have left to claim, you can contact our friendly team of advisers.
They can discuss your situation with you before connecting you to our expert panel of personal injury lawyers. If you have a valid claim, they can begin working on your personal injury claim for an allergic reaction at Five Guys.
If you’ve suffered an allergic reaction at a restaurant, the first thing you should do is seek medical treatment. This is essential in ensuring your health and wellbeing are looked after and you can recover smoothly and quickly. Furthermore, seeking medical attention means you can use your medical notes as evidence in your personal injury claim.
Your medical notes could include details of exactly what happened when you suffered an allergic reaction at Five Guys, which can help prove they were at fault. You should then collect as much further evidence as possible. This can be CCTV footage, photos of the lack of allergen menu, the receipt of your purchase which may contain your request on it or witness statements.
Next, you can collect financial evidence to prove you suffered a financial loss due to your injuries, if relevant. For example, this could be payslips to prove you suffered a loss of earnings or bus tickets to convey that you spent your own money travelling to and from appointments. This can help you receive special damages and increase your allergic reaction settlement.
After this, it’s recommended that you contact a personal injury solicitor to help you make a claim for your allergic reaction at Five Guys. It can be difficult to launch a personal injury claim alone, so a personal injury lawyer will take on the hard work themselves to help you gain the maximum amount of compensation you deserve.
Our panel of personal injury lawyers would be happy to discuss working on your claim on a No Win No Fee basis. A No Win No Fee agreement is a contract that you and your lawyer can sign. This agreement is popular among claimants as there’s many monetary benefits and little to lose.
If your claim fails, you won’t have to pay any of the fees your solicitor has accrued when working on your case. If your case succeeds, there will be a small, legally capped percentage of your compensation deducted by your lawyer. This is to pay them for their hard work and will be discussed with you beforehand.
If you’d like to learn more about pursuing a claim on a No Win No Fee basis, you can contact our team of advisers. They are always readily available to offer 24/7 advice and have a chat with you about your case. If you have a valid claim, they can then connect you with our panel of personal injury lawyers.
To get in contact with our team of advisers, we suggest you:
- Call them on 020 3870 4868. An adviser is always available to have a chat with you.
- Fill in the online claims form to speak with an adviser at your earliest convenience.
- Chat with one of our advisers instantly through our live chat pop-up box.
In this section, we’ve included links to some other resources on allergic reactions that you may find useful.
Can You Make Injury Claims Against Family And Friends? – If you’re thinking about making a personal injury claim against family or friends, our guide explains how you can do this.
Cyclist Hit By A Car Door – If you’ve been hit by a car door whilst cycling, our article discusses how you gain compensation for your injuries.
What Should I Do If I Get Into A Car Accident? – Have you suffered injuries in a car accident that wasn’t your fault? Our guide explored what steps you can take afterwards.
How do I know if I’ve Broken a Bone? – Do you suspect you may have a broken bone injury? This NHS article shows the signs, treatment, and recovery process for a fractured bone.
Osteoarthritis – If you think you may have developed Osteoarthritis, this NHS article includes symptoms, causes, and treatment.
Report a Problem with a Pavement – If you’ve suffered an injury from a fault pavement, you can report it to the local council via this link.
In this final section to our allergic reaction claims guide, we’ve included answers to some questions you may find useful.
Could you claim for another person?
Yes. You can become a litigation friend to make a claim for a family member or friend.
What happens to payouts for children’s accidents?
Children under 18 can only make a claim once they turn 18. If they’d like to make a claim earlier than this, someone the trust can act as a litigation friend to claim for them.
What medical evidence do you need to claim?
You should provide a medical report to show that you sought medical advice and to portray how severe your injuries were and how long your treatment took.
Do you need to meet the solicitor in person?
No. You can liaise with a UK lawyer over video call or phone call. This means you can work with our panel of personal injury lawyers from anywhere in the country.
I hope you enjoyed our guide about suffering an allergic reaction at Five Guys.
Guide by NS
Edited by BER