What Are Your Rights After An Allergic Reaction At Krispy Kreme?
The consequences of having an allergic reaction at Krispy Kreme might mean you suffering symptoms such as itching, hives, wheeziness or even difficulty breathing. In extreme cases, you could need urgent medical attention.
If you know you have an allergy to certain foods, you’re likely to take care when ordering food to make sure you don’t suffer such a reaction. You might have checked the Krispy Kreme allergy menu, or you might have asked the server what you could safely consume. You may even have asked them to leave out an ingredient when making your food.
But what happens if things go wrong, and the server gives you the wrong information? What could happen if the Krispy Kreme allergen menu isn’t correct? If you suffer due to their negligence, you could, in these cases, claim allergic reaction compensation.
This guide has been created to answer common questions about how to make an allergic reaction compensation claim.
Get In Touch With Our Team
The sections below give potential claimants lots of useful guidance and advice about making a claim. However, we recognise that you might have questions specific to your own circumstances. We would be only too happy to speak to you about your case.
Our expert advisors could assess your eligibility to claim. We could also connect you with a No Win No Fee lawyer who could help you begin your claim. To get in touch, simply dial 020 3870 4868.
Services And Information
- Everything You Need To Know About Your Rights After An Allergic Reaction At Krispy Kreme
- What Is An Allergic Reaction At Krispy Kreme?
- What Could Cause You To Have An Allergic Reaction To Takeaway Food?
- How Do I Know If I Am Having An Allergic Reaction?
- The Law On Allergy Warning Labels
- What Allergens Should You Be Notified About?
- Calculating Compensation For An Allergic Reaction At Krispy Kreme
- Laws On Handling Allergens In Restaurants
- What Is Classed As A Catering Establishment?
- Your Right To Claim Allergic Reaction Compensation
- The Consumer Rights Act 2015
- Allergic Reaction Compensation Claim Time Limits
- I Suffered An Allergic Reaction At Krispy Kreme, What Should I Do?
- Claim For An Allergic Reaction At Krispy Kreme On A No Win No Fee Basis
- Related Guides
- FAQs About Your Rights After An Allergic Reaction At Krispy Kreme
If you’ve had an allergic reaction at Krispy Kreme, you may have suffered a number of unpleasant symptoms. Your reaction may have impacted you physically, mentally or even financially. If this has happened to you, you may be wondering if you could do anything about it.
If you’re looking into making an allergic reaction compensation claim because you believe your food allergy injury could have been avoided, this might be for a number of reasons.
The Krispy Kreme doughnut allergy information might have been incorrect. Or, perhaps you asked the staff what was safe to eat or drink and they gave you the wrong advice.
At Krispy Kreme’s coffee houses, the drinks are assembled onsite but the doughnuts are baked elsewhere. Therefore, you could ask staff to remove an allergen (such as milk) from your drink, and they would have to inform you if they can’t comply. In regards to the doughnuts, however, you wouldn’t be able to request the removal of allergens since they’re made elsewhere.
If you could prove that Krispy Kreme was at fault for your reaction, whether you suffer from nut allergies, a dairy allergy or another food allergy, you could be eligible to claim compensation.
In this guide, we include lots of useful information to help you work out whether you could be eligible to claim compensation for such an allergic reaction. We provide guidance on what could cause a food allergy and the laws that protect allergy sufferers.
In addition to this, we give you some useful insight into how UK lawyers and courts could calculate a compensation settlement, and how a solicitor from our panel could assist with your claim.
There are many people in the UK that have allergies, and some are so serious that people have to be admitted to the hospital for treatment. The NHS statistics for 2017/18 revealed that 28,017 people primarily diagnosed with allergies were admitted to NHS hospitals in that period. The chart below offers some insight into how this compares with previous years.
It is not clear what type of allergies these figures refer to. However, some could relate to a food allergy.
What Is A Food Allergic Reaction?
If you’re aware that you have food allergies, whether it’s a tree nut or a soy allergy, a wheat allergy or something else, you would usually try to avoid consuming what you’re allergic to. You might attempt to do this by checking the nutritional information on pre-packaged foods. Or, if you’re ordering in a coffeehouse, you might ask where to find Krispy Kreme doughnuts allergy information.
The company should provide you with information by listing allergens on the menu, their website, on a separate allergy list, or in response to your questions. You could then see what could be safe to eat.
However, if, for example, you ask ‘What is nut-free?’ and are given the wrong information, or there are no nuts on the allergen menu and this information is incorrect, you could inadvertently consume nuts (or another allergen) without realising it.
The resulting allergic reaction could be the company’s fault. In such cases, if you have evidence, you could claim compensation for the physical and mental injuries you suffer. You could also claim for out-of-pocket expenses caused by the reaction.
A food allergy could occur when your body mistakenly sees something you consume as a threat. Your immune system could trigger a response to this perceived threat, which could result in a number of different symptoms. There are many different allergies people could suffer from, with some of the most common being:
- Sulphur dioxide allergy
- Soy allergy
- Egg allergy
- Shellfish allergy
- Lupin allergy
- Cereal allergy
- Nut allergy
- Gluten allergy
- Fruit allergy
- Celery allergy
- Dairy allergy
- Wheat allergy
- Seafood allergy
- Mustard allergy
- Milk allergy
- Fish allergy
If you’re aware of your allergies, you could take steps to ensure that you don’t suffer an allergic reaction at Krispy Kreme. You could do so in a number of ways, including:
- Checking for allergens or trace allergens on pre-packaged food ingredient lists
- Looking at the Krispy Kreme allergen menu on their website
- Asking staff what you could eat
- Requesting your drink to be prepared without an allergen
If you take all reasonable steps to prevent having an allergic reaction but have one anyway because the information you’ve been given is incorrect and you can prove it, you could be eligible to claim compensation.
You could also claim if you suffer an allergic reaction because of cross-contamination. If, for example, the allergy information doesn’t warn about cross-contamination and the doughnut you choose to eat contains the allergen you’ve tried to avoid because of this, you could suffer an allergic reaction. If you do, the company could be liable.
The symptoms you could suffer from an allergic reaction vary. There are different types of allergic reaction you could experience, including:
- Oral allergy syndrome reactions: Some people react to proteins in some fruits and vegetables. You might experience mild swelling of the mouth and throat or itchiness.
- IgE-mediated reactions: Usually, you would experience symptoms quite quickly after consuming an allergen in these cases. Symptoms could include dizziness, feeling faint, wheeziness, coughing, an itchy tongue, swelling in the face, mouth or tongue, itchy eyes, and stomach issues such as vomiting, nausea or diarrhoea.
- Non-IgE-mediated reactions: Usually, you’d experience symptoms sometime after you’ve consumed an allergen. You could experience red, dry itchy skin, or abdominal pains, vomiting or constipation.
- Anaphylaxis: Deemed a medical emergency, anaphylaxis is a severe reaction that could cause you to collapse, experience trouble talking and breathing, clamminess, a rapid heartbeat and wheezing. Urgent treatment for this type of reaction is vital, as some cases could be life-threatening.
Should you have experienced any of these reactions and you have evidence of a valid claim, our team could check your eligibility for free.
Allergy labelling laws mean you should be informed of the presence of certain specified allergens in foods you buy. You can find out what these allergens are in the next section. How a food seller should inform you of allergens depends on the type of food you purchase:
- For pre-packaged foods: A seller should inform you of the presence of allergens in pre-packaged foods by using a typeset that distinguishes the 14 allergens from other ingredients. They could put allergens in a bold font, for example. Or, they could use a separate style or a different background colour. (Natasha’s Law means that, from October 2021, food businesses need to include full ingredients labelling on pre-packed for direct sale foods.)
- Non-pre-packaged foods: A food seller needs to provide allergen information orally or in writing. They need to signpost where allergen information is, and how a consumer could access it.
If an allergy warning label is wrong, and you suffer an allergic reaction at Krispy Kreme because of this, you could potentially be in a position to seek compensation, provided you can prove your claim. If you’d like guidance on how to make a personal injury claim of this kind, please don’t hesitate to get in touch.
The 14 allergens that food businesses should inform consumers about are:
- Sulphur dioxide/Sulphites – including those in preserved dried fruits
- Tree nuts – including, brazil nuts, macadamias, hazelnuts, pistachios, walnuts, and pecans
- Molluscs – including mussels, land snails and oysters
- Milk (including lactose)
- Lupin – sometimes in breads, pasta and pastries
- Crustaceans – including lobster, crayfish, crabs and prawns
- Cereals which contain gluten – including oats, rye, barley, spelt and wheat
- Celery (which includes celeriac)
If a food business does not indicate the presence of the above allergens in foods you buy, and you experience an allergic reaction as a result, they could be liable. If you have evidence of a valid claim, a personal injury solicitor from our panel could help you seek compensation.
Solicitors and courts don’t usually use a personal injury claims calculator when they calculate settlement amounts for personal injury claims. Instead, they assess all the facts and circumstances of each individual case.
Some important proof that could significantly influence your compensation settlement is your medical evidence. During your claim, you’d need to go and see an independent medical expert who would conduct an assessment of your injuries, and provide a medical report. This could be used in conjunction with the Judicial College Guidelines (a publication solicitors use to help them value injuries) in order to arrive at a value.
The other purpose of the report is to prove that your injuries were caused by the incident.
How Much Could A Solicitor Help Me Claim?
We have put together some information from the publication we mentioned above to give you some insight into how much you could receive for the loss of amenity, pain and suffering you’ve experienced. You can see it in the compensation table below.
As well as this, if you have evidence you’ve incurred costs relating to your injuries, such as loss of earnings, travel costs, care costs and medical costs, you could claim for these too.
|Injury types||Notes||Guideline Amount|
|Illnesses resulting from a non-traumatic injury (iv)||Varying degrees of disabling pain, cramps, and diarrhea continuing for some days or weeks.||Up to £3,710|
|Illnesses resulting from a non-traumatic injury (iii)||Leading to bowel function alteration, fatigue or stomach cramps. In-hospital treatment might be needed but the injured party would fully recover between 1-2 years.||£3,710 to £8,950|
|Illnesses resulting from a non-traumatic injury (ii)||Serious yet short lived duration of symptoms, the most serious of which could dissipate at around 2-4 weeks. Other symptoms could continue for some years longer. They could impact the enjoyment of food or the injured person’s sex life, or could cause bowel disturbance.||£8,950 to £18,020|
|Illnesses resulting from a non-traumatic injury (i)||Severe toxicosis cases involving diarrhoea, fever and acute pain. The injured person might need in-hospital treatment and their enjoyment or life and ability to attend work could be impacted.||£36,060 to £49,270|
|Anguish (Mental)||If the injured person fears their life expectancy was being reduced or they were about to die.||£4,380|
If you can’t see your injuries in the compensation table above, get in touch. Our advisors offer free estimates on injuries and illnesses.
Although the UK has left the EU, there may be times when we need to refer to EU regulation. Additionally, as rules and regulations change due to Brexit, many areas are yet to be finalised.
Those who serve foods in restaurants, cafes and other parties that sell food should be mindful of their legal obligations. There are criminal and civil laws that surround the provision of foods and drinks, and these include:
- The EUFIC (EU Food Information for Consumers Regulation): This legislation dictates the rules that food businesses should abide by when it comes to allergy labelling for foods and drinks.
- Food Safety Act 1990. Section 15 makes it an offence to describe or present food falsely.
- EC Regulation 178/2002 (General Food Law Regulation). Article 14 deems that foods are ‘unsafe’ if they could injure the consumer’s health or is not fit for consumption.
- EC Regulation 178/2002 (General Food Law Regulation). Article 16 prohibits misleading advertising, presentation and labelling of food.
- Food Safety Act 1990. Section 14 makes it an offence to sell food that is unsafe.
If a food business is found to have breached this legislation, they could be investigated by the local authority which could take enforcement action. In addition, those who suffer personal injury, loss or damage due to the provision of a ‘defective’ product could take civil action against the seller.
Consumers could take civil action against a variety of food businesses if they fail to provide or give incorrect allergy information.
- Catering establishment or mass caterers – including hospitals, cafes, canteens, restaurants, schools, etc.
- Sellers providing pre-packed food for direct sales. These food businesses provide foods that are pre-packaged onsite prior to them being sold from the same premises. It could include pies or sandwiches, for example.
- Those who sell pre-packaged foods to consumers or caterers – items could include ready meals or tinned foods, for example.
- Loose (non-pre-packaged food). This could include deli meats or cheeses.
You could have the right to claim for an allergic reaction if you can prove that:
- The food business had a duty of care to protect your health and safety.
- They breached this duty of care.
- This breach caused you to suffer an allergic reaction.
You could also claim for the mental harm or financial loss the allergic reaction caused you, as well as the physical effects. You can do this so long as you have evidence.
Should you wish to make a claim but are not certain you’d be eligible, please call our team. We could assess your case and connect you with a personal injury lawyer that could help you.
Under the Consumer Rights Act 2015, consumers have the right to purchase a product that is:
- Of satisfactory quality
- Fit for purpose
- As it has been described
While you could demand a refund for any product that doesn’t fulfil these requirements, if you intend to claim for the pain and suffering of an allergic reaction, you would need to make a personal injury claim.
A personal injury claims time limit applies to many compensation claims. Usually, the limitation period is three years from the incident, or the date when you gained the knowledge that the liable party caused or contributed to the reaction. There are some exceptions to this limit, however, which include:
- Child injury claims – an adult could sue on behalf of a child up until their 18th birthday. If no one claims prior to the child turning 18, the person who suffered the allergic reaction could have until their 21st birthday to claim.
- Mental Capacity (lack of) – if someone doesn’t have the mental capacity to claim but then regains it, they could claim for up to 3 years from the date they began their recovery and regained capacity. A litigation friend could claim on their behalf if this doesn’t happen, however.
If you’re unsure as to how long you might have to make your claim, we would be happy to talk to you about this over the phone.
If you have an allergic reaction at Krispy Kreme, the steps you might want to take could include:
- Obtaining medical help – not only could this give you evidence that the incident occurred, but it could also mean you access appropriate advice and treatment.
- Taking photographs – you could evidence your injuries in this manner. In addition, you could take photos of the menu, food packaging, or other appropriate details.
- Noting witness contact details – you could take down the contact details of those who witness your reaction. If you choose to use the services of a personal injury solicitor, they could approach them for a statement.
- Get legal advice – we could provide you with advice and support, including assessing your eligibility to claim.
There are many law firms that could help you with a claim for an allergic reaction caused by someone else’s negligence. However, not all lawyers work under No Win No Fee terms. Here at UK Law, we can tell you that our panel of personal injury solicitors do work under No Win No Fee terms.
But what does this mean?
Under No Win No Fee terms, you would not pay any solicitor fees upfront to your solicitor to start your claim. The process generally works as follows:
- Your lawyer sends you a Conditional Fee Agreement (No Win No Fee agreement) to sign, which contains a reference to a success fee. This small, legally capped percentage of your total settlement is what you would pay in the event that your claim is successful.
- If you sign the agreement and send it back to your lawyer, they could then be able to begin work on your case. They would fight for the compensation you deserve, by negotiating with the liable party/their insurers. They could even take the fight through the courts if no settlement agreement is reached.
- Once your allergic reaction payout comes through, they deduct their success fee, and you benefit from the rest.
- If your claim was to fail, you would not pay the success fee nor any of your lawyer’s fees.
We’d be happy to answer any further questions you might have about making these types of claims. We could assess whether you’d be eligible to claim and could also connect you with a personal injury lawyer from our panel to help you claim. All you need to do to get in touch is complete our contact form, or call 020 3870 4868.
Treating Anaphylaxis: If someone suffers an anaphylactic reaction, you can find out what to do here.
Allergies And Living With Them: Allergy UK has produced guidance on living with an allergy here.
I Haven’t Lost Income – Could I Claim?: If you didn’t take time off sick, you might wonder whether you could claim compensation. You can find some advice here.
Work Injury Claims: You can find guidance on work injury claims here.
Slip, Trip And Fall Accidents: We can also help people with slip, trip and fall accidents. You can find guidance on this type of claim here.
What Are Your Rights After An Allergic Reaction At A Restaurant?: our guide on what you could do if you suffer an allergic reaction at a restaurant.
How Can A Restaurant Prevent Its Customers To Have Food Allergy?
A restaurant could take various steps to avoid customers having an allergic reaction. They should know the regulations when it comes to giving allergy information. In addition, they should take steps to avoid cross-contamination, or at least warn you of it if it’s possible to occur in the preparation of their meals. They could use separate utensils for allergens when preparing meals for allergy sufferers.
How Can You Avoid Allergic Reaction Cases From Your Client?
If you’re looking to avoid allergic reaction cases, you should take all relevant steps to advise customers of allergens present within foods you sell. You should also make sure staff receive training on where customers can access allergy information.
What Are The Most Common Food Allergies?
There are lots of different allergies, but some are more common than others. These include milk allergies, fish allergies (including shellfish), those to tree nuts and peanuts and some vegetables and fruits.
Can You Claim For A Child?
If you want to make a claim on behalf of a child, you could request to be their litigation friend, which could allow you to claim up until their 18th birthday.
Thank you for reading our guide to what could happen following an allergic reaction at Krispy Kreme.
Checked by HT