What Are Your Rights After An Allergic Reaction At Wagamama?
In this guide, we are looking at examining your rights if you suffer an allergic reaction at Wagamama. An allergic reaction caused by something you eat or drink can cause a range of injuries, some of which can be very severe or even life-threatening.
In this guide, we’ll explain your rights if you experience an allergic reaction at Wagamama or another restaurant. Not all allergic reactions at restaurants will mean that the sufferer qualifies for compensation. This article shall explore what could make you eligible to claim personal injury compensation after an allergic reaction.
Get In Touch With Our Team
You can get in touch with UK Law for free specialist advice on personal injury claims. Our panel of solicitors can provide their expert insight on your legal rights if you have an allergic reaction at a restaurant.
To contact us, you can do so online using our claim online form or our call back form. You can alternatively use our online live chat service to speak with us. If you prefer to speak with us on the phone, then you can call us on 020 3870 4868
Services And Information
- Everything You Need To Know About Your Rights After An Allergic Reaction At Wagamama
- What Is An Allergic Reaction At Wagamama?
- Triggers Of An Allergic Reaction In A Restaurant
- Common Symptoms Of Food Allergies
- Requirements For Food Labelling And Warning
- Common Allergens You Should Be Warned About
- Calculating Compensation For An Allergic Reaction At Wagamama
- Laws On Food Labelling And Allergens
- Types Of Catering Establishments
- Your Right To Make A Food Allergy Claim
- Claiming Under The Consumer Rights Act 2015
- Restaurant Food Allergy Claim Time Limits
- What Steps Should I Take After Having An Allergic Reaction?
- Could I Claim For An Allergic Reaction At Wagamama On A No Win No Fee Basis
- Contact Us For More Help
- Related Allergen Information And Claims Guides
- FAQs About Your Rights After An Allergic Reaction At Wagamama
Have you experienced an allergic reaction when visiting a restaurant that wasn’t your fault? If you have, then you may be entitled to claim compensation if you can prove the restaurant acted negligently. Keep reading to learn more about your rights in regards to claiming for an allergic reaction. We’ll also look at how food allergies may be triggered at a restaurant. We’ll also look at possible compensation payouts for food allergies and the requirements for being eligible to claim.
A food allergic reaction can happen if you consume an ingredient you have an allergy to. This type of reaction can happen if your body interprets proteins found in certain food and drinks as a toxin. Symptoms of a food allergy can come in numerous forms and vary in severity. Some people may only experience mild and short-lasting symptoms if exposed to a food allergy. Other people, however, could experience life-threatening symptoms if their food allergy is triggered.
A food allergy could be triggered by certain allergens found in food and drinks. Exposure to an allergy could happen within a restaurant if you order a meal or drink without realising it contains an ingredient you are allergic to. Alternatively, the food you’ve ordered may not usually contain any ingredients which trigger an allergic reaction but it has been contaminated by restaurant staff during preparation.
Types of food and drink which could potentially trigger an allergic reaction include the following:
Food allergy symptoms usually emerge shortly after eating or drinking whatever triggers them. It can take between a few seconds and a few minutes. Symptoms can vary and while some are mild and short-lasting, others can be severe and even life-threatening. It depends on how sensitive someone is to a food allergy and how much they consume of the food they’re allergic to.
The potential symptoms of a food allergy can include:
- Abdominal pain or diarrhoea
- An itchy red rash (hives)
- Dizziness and lightheadedness
- Itchy or tingling sensations around the mouth
- Nausea or vomiting
- Swelling around the mouth, face, throat or possibly other parts of the body
- Symptoms similar to hay fever such as itchy eyes or sneezing
- Trouble with swallowing or breathing
If someone has a severe allergic reaction to food or drink, this is known as anaphylaxis. This reaction can cause someone to become unconscious and eventually die if they are not quickly treated. People who are vulnerable to potentially experiencing anaphylaxis may carry emergency treatment with them. This comes in the form of an adrenaline auto-injector.
Businesses that operate in the retail and catering sector are legally required to follow specific food laws. Relevant legislation includes:
- The Food Standards Act 1999
- Food Safety Act 1990
- The Food Safety Order 1991 – Applies to Northern Ireland only
Wagamama restaurants and other restaurants across Britain are required to follow legislation. Included within some food laws are rules addressing the provision of allergen information and labelling to consumers.
In summary, restaurants and similar establishments are required to communicate certain allergen information. There are different methods that restaurants and other businesses can follow to deliver information on allergens in a clear manner.
For example, a restaurant could make sure that its menu lists the allergens contained in each available meal. Also, customers inside a restaurant could ask staff directly if a food or drink they’re considering ordering has any allergens. If a certain meal does contain an allergen, then a customer may ask for it to be removed from their order. It should be noted though that restaurants are not legally obliged to remove an allergen. They may decline to do so, or it may not be feasible for the meal in question.
From October 2021, an additional law will come into effect regarding food labelling. It is known as Natasha’s law and it will require businesses to provide full ingredient and allergen labelling on foods that are pre-packed for direct sale.
The Food Standards Agency (FSA) lists 14 main allergens which businesses including restaurants need to inform customers about if they are contained in any food or drink they provide. These allergens include the following:
- Cereals containing gluten
- Sulphur dioxide and sulphites
- Tree nuts
If you are eligible to claim against a restaurant for an allergic reaction, then you may have questions about the amount of compensation you’ll receive. Compensation payments for food allergies can vary. The amount offered depends heavily on what injuries you’ve suffered, how severe they are and how much they have impacted your quality of life.
In the table below, we’ve included figures for different types of physical and mental injuries which you may claim if you’ve suffered from a food allergy. The figures come from the Judicial College guidelines. Solicitors may use these figures to help work out the value of injuries.
|Illness/Damage Resulting from Non-traumatic Injury||Severe||£36,060 to £49,270|
|Illness/Damage Resulting from Non-traumatic Injury||Serious But Short-Lived||£8,950 to £18,020|
|Illness/Damage Resulting from Non-traumatic Injury||Significant Discomfort For A Few Weeks||£3,710 to £8,950|
|Illness/Damage Resulting from Non-traumatic Injury||Disabling Pain For Some Days Or Weeks||£860 to £3,710|
|Mental Anguish||Fear Of Impending Death/Reduction In Expectation Of Life||£4,380|
|Psychiatric Damage Generally||Severe||£51,460 to £108,620|
|Psychiatric Damage Generally||Moderately Severe||£17,900 to £51,460|
|Psychiatric Damage Generally||Moderate||£5,500 to £17,900|
|Psychiatric Damage Generally||Less Severe||£1,440 to £5,500|
The compensation payouts in the table all fall under ‘general damages’. The payouts for general damages focus on compensating you for your physical and mental injuries and the impact they’ve had on your quality of life.
Compensation may also be offered for ‘special damages’. This covers financial losses directly linked to your accident and injuries. Examples of financial losses which may be covered under special damages include:
- Loss of earnings due to having to take unpaid time off while recovering from your injuries.
- The cost of repairing personal property damaged in the accident you were in.
- The cost of medical treatment you’ve received for your injuries.
- Travel expenses you’ve accumulated in order to get medical treatment for your injuries.
You can contact UK Law for a more specific compensation estimate which reflects the details of your case.
There are several regulations related to food labelling and food packaging which businesses need to follow. Regulations such as the Food Labelling Regulations 1996 and The Food Information Regulations 2014 address how pre-packaged and non-prepackaged food should be labelled.
If food is sold without pre-packaging then it is considered loose food. Allergen information for loose foods should be available either in writing or by speaking to staff. This information should always be easily accessible, accurate and verifiable. A restaurant can provide allergen information on menus using logos or symbols, as long as they are accompanied by words.
Businesses that offer pre-packaged food, then in most cases certain information should be labelled on it. This includes whether any of the 14 main allergens are contained within the food. The labels explaining this info needs to be permanent, easy and clear to read.
Restaurants such as Wagamama are examples of catering establishment. The term catering establishment can apply to any premises which provide food, drinks or both. Each catering establishment usually falls under one of three main categories:
Restaurants are considered non-residential catering establishments. Other non-residential examples include cafes and takeaways. Examples of residential catering establishments include hotels, holiday parks and farmhouses. Non-commercial catering establishments can include hospitals, prisons and facilities used by armed services.
Have you experienced an allergic reaction while at a restaurant?
Using evidence, it will need to be established who should be considered responsible for the incident. Restaurants owe a duty of care towards customers they serve. While making a food allergy claim, you’ll aim to prove that a restaurant breached its duty of care. And that this breach resulted in your allergic reaction and subsequent injuries.
Bear in mind that the strength of your potential case also depends on certain actions you took before and after your allergic reaction. For instance, if you did not take reasonable actions to prevent an allergic reaction, such as checking the menu, then this could harm your case. Seeking medical attention is important. The medical evidence from such a trip could prove crucial during a food allergy claim.
You can contact UK Law online or by phone for free advice on whether you’re eligible to make an allergic reaction claim.
A certain piece of legislation that currently applies is the Consumer Rights Act 2015. It is designed to protect you when buying most types of goods and services. It requires traders to follow certain obligations while supplying goods to customers. Businesses including those which sell food and drink are generally required to follow these obligations.
To summarise, the act means that the products which a business sells must match their description, be fit for purpose, be of satisfactory quality and (if applicable) installed correctly. When a product you’ve bought doesn’t meet all of these criteria.
Under the Consumer Rights Act 2015, you are able to refuse to pay for food you ordered if it does not match the menu description. You can also refuse it if it does not meet ‘satisfactory quality’.
There is usually a time limit for starting a personal injury claim. A claim usually has to be started within three years of the day the incident happened. There are exceptions.
The time limit for claiming can be put on hold at least temporarily in certain circumstances. For instance, if a child experiences a personal injury, then the time limit for claiming is frozen until the child turns 18. You can not start a claim on your own behalf if you are below the age of 18. However, a representative known as a litigation friend could possibly start a claim on behalf of a child.
Another way the time limit for claiming can be frozen is when the injured party lacks the mental capacity to claim on their own behalf. Again, a litigation friend could potentially start a claim on behalf of someone in this condition. If the injured party recovers enough mental capacity to act on their own, then the time limit for claiming starts from the day this happens.
If you experience an allergic reaction inside a Wagamama or another restaurant, then the first action to take should be getting the medical attention you require for your injuries. While receiving medical care, it is worth getting evidence of your treatment if you are considering a personal injury claim. Medical evidence could include medical notes and discharge letters.
When you have sufficiently recovered from your injuries, then you can start gathering other evidence if you do decide to pursue a claim. Other potential evidence may include witness contact details, CCTV footage and photos related to your injuries and accident.
After gathering the evidence available, you may then wish to get in touch with a solicitor who can support your claim. It is preferable to hire a solicitor who has prior experience in handling claims related to food allergies. If your solicitor has enough confidence in your case, you can then sign a contract with them. From this point, your solicitor will guide you through all the following steps needed to complete your claim. You can contact UK Law if you have any questions about making an allergic reaction at a restaurant claim.
Here at UK Law, we can advise funding a solicitor through a No Win No Fee Agreement. This can offer you several financial benefits, such as the following:
- No legal fees are required to be paid upfront to your solicitor
- You won’t need to pay legal fees during the process of your claim
- If your claim is unsuccessful, you will not be required to pay your solicitor’s legal fees. This gives your solicitor a lot of motivation to work hard on your case since they face extra risk.
If you succeed, then your solicitor will deduct a small percentage from your compensation to cover their legal fees. The amount they can charge is capped by law.
You are welcome to contact us if you require advice on making an allergic reaction claim against a Wagamama or another restaurant. Our panel of solicitors can advise on a variety of different personal injury claims. You can reach us through the following methods:
- By using our online live chat service
- With our claim online form
- Through our call back form
- By calling us on 020 3870 4868
For more information and advice, you can check out our other guides on food allergy claims below:
Do you have proof that you experienced an allergic reaction at a Krispy Kreme or a similar shop? This guide discusses your rights.
This guide explains your options if you have had an allergic reaction at Nando’s.
Had an allergic reaction at McDonald’s – this guide may answer some questions.
An allergic reaction due to negligence by a bakery – read this guide.
In this final section of our guide, we answer some frequently asked questions regarding claims against restaurants for an allergic reaction:
Do you need medical evidence to claim?
The more evidence you have to support your personal injury claim, the better chance it has of succeeding. Medical evidence is usually a crucial part of a personal injury claim. If you hire a solicitor to support your claim, they could assist you with acquiring medical evidence.
Do you need to meet your solicitor?
If you want to hire a solicitor to support your personal injury claim, you are able to communicate through various channels. You should be able to arrange confidential conversations with your solicitor whether you prefer to discuss your case in person, on the phone or via email.
Will your case go to court?
When making a personal injury claim for an allergic reaction, there is the possibility your case could go to court. However, the chances of this happening are usually low.
Could I get an interim payout?
Interim payments could possibly be arranged if the injuries you are claiming are very severe and have significantly impacted your life and finances.
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