What Are Your Rights After An Allergic Reaction At Pizza Hut?
I Had An Allergic Reaction At Pizza Hut, Could I Claim Compensation?
In this guide, we explore what you could do after an allergic reaction at Pizza Hut.
Eating out at a restaurant or ordering a meal from a takeaway shouldn’t make you feel like you are taking a risk with your health, even if you do suffer from food allergies. There are laws that require businesses serving food to ensure that they do so safely. If you have suffered an allergic reaction as a result of inaccurate allergen information they provided, the restaurant could’ve broken its duty of care.
This guide is designed to teach you about making a claim, and how you could do it. But if you have any questions, why not talk to one of our advisors to find out more? You could enquire about making a claim through our panel of No Win No Fee personal injury lawyers. You can see the details of how to reach us below.
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You can call our advisors on 020 3870 4868, or you can fill in this claim online form to ask for one of our advisors to call you back. Alternatively, you can message our advisors through our live chat. They’re available 24/7 and won’t put you under any obligation to proceed with our services.
Services And Information
- Everything You Need To Know About Your Rights After An Allergic Reaction At Pizza Hut
- What Is An Allergic Reaction At Pizza Hut?
- What Could Cause An Allergic Reaction In A Pizza Restaurant?
- Common Symptoms Of An Allergic Reaction To Food
- What Are My Rights To Be Warned Of Allergens?
- What Potential Allergens Should I Be Warned About?
- Calculating Compensation For An Allergic Reaction At Pizza Hut
- The Law On Allergens In A Restaurant
- What Is A Catering Establishment?
- Am I Eligible To Make An Allergic Reaction Claim?
- Do I Have Additional Rights Under The Consumer Rights Act 2015?
- Is There A Limitation Period For Allergic Reaction Claims?
- I Suffered An Allergic Reaction At Pizza Hut, What Should I Do?
- Claim For An Allergic Reaction At Pizza Hut On A No Win No Fee Basis
- Other Information
- FAQs About Your Rights After An Allergic Reaction At Pizza Hut
There is quite a lot you need to know about how the law works and what your rights are when it comes to allergens and food safety. But don’t worry, this guide will explain so that you know what you need to do next about seeking compensation.
This guide is going to go through the laws that regulate food standards and safety, and what safety measures you can expect businesses to follow. We aim to help you understand under what circumstances you could have the right to make a claim.
We also look at the process of making a claim. Additionally, we’ll introduce you to the benefits of making a No Win No Fee claim with our panel of No WIn No Fee solicitors.
If there is anything more you need to know about making a claim, you can get in touch to consult our expert advisors. They give free legal advice and are available 24/7.
Some people suffer from allergies because they have an immune system that mistakes otherwise harmless substances for threats. These reactions can be triggered by exposure to substances commonly found in food.
Because of the known risk of certain allergens, restaurants have a responsibility to make sure that the likelihood of people suffering allergic reactions due to their food is reduced. If this responsibility isn’t met, then someone could suffer an allergic reaction.
You could be entitled to make a food allergy claim if you have suffered an allergic reaction due to a restaurant’s negligence. You could be awarded a compensation payout if you prove the claim with evidence.
There are dozens of different substances and food ingredients that could trigger an allergic reaction. We discuss the 14 main allergens later in the guide. It is unlikely that a restaurant will be able to reasonably remove all threats of an allergic reaction altogether. But there are reasonable requirements that they should be able to meet to prevent you from suffering a reaction.
Situations that could lead to allergic reaction claims include:
- Not providing you with any information (through a menu or staff advice, for example) that cross-contamination of allergens may occur.
- Including allergens in meals that should not contain them, but not providing this information anywhere.
- Failing to inform a customer that the restaurant couldn’t remove an allergen from a meal (when asked to) and serving it to the customer regardless.
- Providing inaccurate allergen information, verbally or in writing, that causes you to inadvertently order a meal that triggers your allergic reaction.
If you suffered an allergic reaction because of a restaurant’s negligence, why not get in touch?
The symptoms of an allergic reaction can emerge within minutes, or sometimes a few hours, of exposure to the allergen. The severity can depend on the level of exposure to the allergen, as well as on the level of sensitivity to the allergen experienced by the victim. Symptoms of an allergic reaction include:
- Itchiness in the mouth and nose
- Swelling around the tongue, lips, and throat
- Redness around the tongue, lips, and throat
- Nausea and vomiting
More severe cases of allergic reactions can cause what is known as anaphylaxis, or anaphylactic shock. The symptoms of this include:
- Difficulty breathing
- Fast heartbeat
You should call emergency services or attend a hospital immediately if you or someone you’re with experiences symptoms like this. You can also consult the NHS website for more information about allergies and symptoms of allergic reactions.
You have a right to access information on when certain allergens are present in a meal you might be ordering. This allergen information should be easily accessible. For example, it may be on display notices, blackboards displaying daily specials, or on menus.
There may be an allergen information menu accessible both online and in the restaurant available for both customers and staff to consult.
Staff may be able to advise you of what allergens are in which dishes and how likely cross-contamination is. However, this isn’t necessary. At the very least, they should be able to show you where to find this information if you ask.
Customers have a right to request this menu and to request to have menu items adjusted to remove allergens. Staff may oblige requests for changes to the menu if reasonably possible.
However, restaurants don’t need to remove allergens from food unless they’ve assured you that they will do so and serve you the meal. So, if a staff member told you that an allergen was removed from a meal for you, but you suffered an allergic reaction because this didn’t happen, you could claim.
There are 14 main food allergens that food businesses need to advise customers of if they’re in their dishes. The food businesses should also warn of cross-contamination of these allergens. They are:
- Cereals containing gluten
- Sulphur dioxide or sulphites
- Tree nuts
If you suffer from an allergen not listed above, you should enquire about whether it’s in the food with the restaurant staff.
Compensation is designed to reflect accurately the amount of harm that has been done by the allergic reaction. There is compensation that is awarded for the injuries caused by the allergic reaction itself, which is known as general damages. And there is compensation awarded for harm done to your finances because of your injuries which are known as special damages.
General damages have to be calculated to reflect fairly the degree of harm that was caused to you by the allergic reaction. This is done by medical evidence and applying compensation guidelines from the Judicial College. These guidelines contain recommended amounts of compensation for different kinds of injuries. We took figures from these guidelines and used them in the compensation table below.
|Illness/Damage Resulting from Non-traumatic Injury (i)||£36,060 to £49,270||The claimant would suffer severe acute pain and require hospital admission for some days or weeks and have continuing symptoms.|
|Illness/Damage Resulting from Non-traumatic Injury (ii)||£8,950 to £18,020||Severe but short-lived injuries that diminish over 2 to 4 weeks with some remaining symptoms.|
|Illness/Damage Resulting from Non-traumatic Injury (iii)||£3,710 to £8,950||Significant discomfort requiring hospital admission for some days though there's a complete recovery within one or two years.|
|Illness/Damage Resulting from Non-traumatic Injury (iv)||Up to £3,710||Varying degrees of serious pain that continues for some weeks or days.|
Special damages are awarded based on your proven financial losses and expenses caused by the allergic reaction. Calculating and claiming these losses means providing evidence for them.
This evidence can include any paperwork associated with the losses, including things like bills, receipts, and invoices, so make sure that you retain all of these things if possible. Without them, you may not be entitled to claim special damages compensation for your losses.
Special damages can cover things like:
- Medical expenses for the treatment of the reaction such as prescriptions.
- Loss of earnings from being unable to work while you recovered.
- The cost of cancelled plans because of the reaction, such as lost deposits.
You could claim compensation for financial losses with the help of a No Win No Fee personal injury lawyer too.
The Food Safety Act 1990 requires food to not have anything added or taken from it that would make it dangerous to the consumer’s health. It must be of the standard reasonably expected of it by the customer, and it must be advertised reasonably accurately and not misleadingly.
Recently, food that is prepacked for direct sale on site did not require a warning label of the allergen content. However in October 2021, ‘Natasha’s Law‘ came into effect. Labelling on the packaging of meals prepared and packaged on-site now should have allergens to be listed.
A catering establishment is a business where food is prepared to be ready for consumption by the customer. A catering establishment could be a restaurant, a cafe, a pub, a takeaway, a canteen or a food van.
Because they provide food to consumers, they should follow food safety laws. If you’re provided with food that contains an allergen, for example, but you were informed that it wouldn’t, you could suffer an allergic reaction. In this instance, if you do suffer a reaction, you could claim.
If you have suffered an allergic reaction as a result of negligence in a restaurant then you could be eligible to make a claim. However, you would need to provide evidence to support the claim.
In the instance that you weren’t aware of your allergy and suffered a reaction for the first time at a restaurant, you wouldn’t be able to claim. That’s because the restaurant wouldn’t have been able to prevent you from falling ill.
Likewise, if you were aware of your allergies but chose to ignore the allergen labelling on a menu or the advice from a server, or you didn’t try to check allergen information at all, you might not be able to claim. You could be seen as liable for your own injuries.
If you want to know whether or not you could be eligible to make a claim, you can call our advisors for free legal advice and information.
The Consumer Rights Act 2015 is a law that grants consumers the right to:
- a product of reasonable quality.
- a product that’s fit for purpose.
- products that resemble accurately the manner it was portrayed in its marketing and advertising.
This law also outlines the right of the customer or consumer to request a refund or a replacement for the product if these legal requirements are not met.
Therefore, if an allergen menu declares that there isn’t an allergen in a food, when there is, this could pose an issue.
There is a time limit in which you need to carry out your potential personal injury claim. This time limit is generally three years. It begins from either the date of the allergic reaction or from the date the symptoms were diagnosed as an allergic reaction caused by negligence if you were not immediately aware of what happened.
There are some exceptions to the three-year time limit rule, however. One exception is in the case of people who are under the age of 18. Under-18’s cannot make claims for themselves but certain adults can claim on their behalf. The person claiming on their behalf would be a litigation friend.
They can make a claim until the victim is 18 years old themselves. Once the victim is 18, they would have three years in which to make a claim on their own behalf if nobody has already done so for them.
Another exception can be made in situations where the victim doesn’t have the mental capacity to claim. A litigation friend could claim on their behalf. Alternatively, if the person recovers mental capacity, they would have three years to claim from the date of their recovery.
The first thing you should do when you begin to experience the symptoms of an allergic reaction is to seek medical attention. The medical attention you may need will depend on the circumstances of the reaction. It could range from taking anti-histamines to calling emergency services.
As soon as you are reasonably able, you should start attempting to gather evidence to support your claim. You can do this by photographing the allergen menu if you believe that the reaction was a result of inaccurate information given by the restaurant this way.
You can take photographic evidence if possible. In addition, you can ask the staff or any other customers who were present if they would be willing to provide you with their contact details so that they can be approached later to give a statement in support of your claim.
You should also write down notes of your recollections of the events so that there is a record of what happened from your point of view. If there is any further advice you need, you can consult our advisors.
If you are concerned about how you will be able to afford to meet the costs of a personal injury solicitor’s legal fees, you can rest assured that there is an option for you: No Win No Fee.
If you make a claim through our panel of personal injury solicitors, you could make a claim on a No Win No Fee basis. A No Win No Fee agreement involves:
- No upfront solicitor fees
- No ongoing solicitor fees
- Solicitor fees are only paid in the event of a successful claim that results in compensation.
- Essentially, if your claim doesn’t win, you don’t have to pay solicitor fees at all.
If the claim is successful, the solicitor would take a success fee. This is a small percentage of the compensation and, for your benefit, it’s also capped by law. The success fee is only taken after the compensation comes through so that you’re not left out of pocket.
Our panel of lawyers offer their services on a No Win No Fee basis. Why not get in touch to find out more?
- Call us on 020 3870 4868.
- Use our live chat to get instant answers.
- Use our claim online form so we can get back to you at a convenient time.
Our advisors are available 24/7 and offer free legal advice. What’s more, you’ll be under no obligation to proceed with the services of our panel of No Win No Fee lawyers.
These guides may be of extra help for you:
What are the symptoms of anaphylactic shock?
The symptoms of anaphylaxis include severe swelling of the throat, difficulty breathing, dizziness and fainting. If you experience any of these symptoms you should immediately seek medical attention.
How will ingredient labelling be updated for 2021?
In October 2021, Natasha’s Law came into effect. It requires food prepacked for direct sale to be labelled with appropriate allergen warnings in England, Wales and Northern Ireland.
What if my child has an allergic reaction?
If your child has an allergic reaction due to a restaurant’s negligence, you could be entitled to make a compensation claim on their behalf. You would need to claim before they turn 18. After that point, they’d have 3 years to make their own claim if nobody had done so on their behalf before.
What is contributory negligence and how does it relate to allergic reactions?
Contributory negligence is a situation in which the victim of an injury was also partly at fault as well as the third party. You could still be entitled to make a personal injury claim in these circumstances, but the amount of compensation you could be entitled to would be reduced in proportion to the share of blame you have to accept for the injury.
Thank you for reading our guide on what you could do following an allergic reaction at Pizza Hut.
Checked by HT