What Are Your Rights After An Allergic Reaction At Wimpy?

What Rights Do You Have If You Have An Allergic Reaction To Takeaway Food?

This guide explores what you could do following an allergic reaction at Wimpy. We aim to give you the information and advice you need to make informed choices.

Allergic reaction to Wimpy claims guideEach claim arises out of its own set of circumstances. There is no way we could cover every possible combination of factors in one guide. Therefore, our advisors are here to answer any questions you might have. They could also provide you with critical information, such as facts regarding food allergy laws and what a valid claim for an allergic reaction at a restaurant looks like.

Get In Touch With Our Team

Our advisors are available 24/7 and give free legal advice. If you have evidence of a valid claim, they could connect you with our panel of personal injury solicitors. However, you’re under no obligation to proceed with these services. To get in touch:

  • Call 020 3870 4868.
  • Use our live chat to get instant answers online.
  • Use our claim online form so we can get back to you whenever is best for you.

Services And Information

Everything You Need To Know About Your Rights After An Allergic Reaction At Wimpy

All of the information in this guide is focused on helping you if you suffered an allergic reaction due to a restaurant’s negligence. Negligence could come in the form of incorrect allergy information being provided to you, for example.

Not every allergic reaction will lead to a personal injury claim. For example, you might not be able to claim if:

  1. You weren’t aware that you were allergic to an ingredient in a meal and then suffered an allergic reaction because of it.
  2. You disregarded the warnings on the allergen menu and, because of this, chose a meal that triggered an allergic reaction.

In the circumstances above, the restaurant would not necessarily have breached its duty of care to protect your health and safety. This guide aims to explain valid reasons for claiming.

We start with a basic overview of what an allergic reaction is and what could lead to a claim. We look at the 14 main allergens covered by the law in the UK, and how you should be warned about them.

You will find an illustrative personal injury compensation table, and an explanation of the two types of damages you could claim for.

We look at the laws that protect you as a consumer. Additionally, we will guide you on what time limit might apply to your claim. We also offer you some simple advice on how to start a claim. No Win No Fee agreements are explained, and we close this guide with some useful links and an FAQ.

What Is An Allergic Reaction At Wimpy?

People who suffer from a food allergy shouldn’t be at risk when they eat out or order takeaway. There are measures in place to help you make informed decisions about what you eat.

A food allergy is when your immune system mistakes a harmless food for a threat. This then triggers a reaction to protect you. However, this reaction can be painful and even fatal.

As an allergy sufferer, you’re likely to already know what types of foods to avoid. you’re expected to take a reasonable amount of care with your own health.  So if you go to a restaurant, you might ask a server for allergen information about the meals. You might check the allergen menu beforehand.

But mistakes on the part of the restaurant can be made through negligence that could cause you to go through a traumatic and painful allergic reaction. Such a scenario is the focus of this guide. It aims to show you what a valid compensation claim is, and how to proceed with one if you do.

What Foods Could You Be Allergic To?

In a later section, we will look at the 14 allergens that people are more likely to be allergic to. Restaurants need to warn you of these allergens if they’re in their dishes and if there’s a risk of cross-contamination. They have to do this in writing. For example, they can:

  • Have a menu that shows what foods contain which allergens, have an information pack or put the information on a chalkboard; or
  • Have a visible, clear, written notice that tells customers where they can access this allergen information.

You might suffer an allergic reaction due to a restaurant’s negligence. Circumstances where this could happen include:

  • The allergen menu is incorrect and doesn’t list one of the 14 allergens it’s supposed to. Therefore, you order a meal and suffer an allergic reaction due to the false information.
  • You ask a server if there are allergens in a meal and they tell you there aren’t. However, there is and you suffer an allergic reaction.
  • A server agrees to remove an allergen from a meal for you. However, the allergen isn’t removed and you’re not advised of this. You consequently suffer an allergic reaction.
  • You suffer an allergic reaction due to cross-contamination in a meal, but you checked all information beforehand and there were no warnings about this risk.

This guide on what you could do after an allergic reaction at Wimpy aims to help. However, if you need any questions answering, why not call?

Common Symptoms Of Allergic Reactions To Foods

A triggered food allergy has specific symptoms that you might suffer from. You might not experience all of these symptoms. They could include:

  • Itching and red rash (hives)
  • Itchy eyes
  • A swollen mouth, throat, or face
  • Pain in the stomach and feeling sick
  • Sneezing

The most severe reaction to food would be anaphylaxis. This can be fatal and it’s important to seek medical help immediately if you or anyone you know is showing signs. Symptoms include:

  • Confused thoughts
  • Unconsciousness
  • Difficulty breathing

What Are Your Rights To Be Informed Of Allergens?

As we shall see in a later part of this guide, there are many laws related to food safety that intend to protect your health. Part of these rules and regulations require you to be provided with adequate information about the allergen content of food before you buy it.

Food businesses, such as restaurants, can provide this allergen information in different ways depending on the types of food service they provide.

Prepacked Foods

These food products are packed before being put on sale. They require a full list of ingredients (including allergens) on the packaging.

Prepacked for direct sale

These food products are sold and packaged in the same place. Since October 2021, ‘Natasha’s Law‘ has meant that these foods must have a label with a full list of ingredients. The 14 allergens should be clear on the label.

Before Natasha’s Law, consumers would be expected to request the allergen information from the server that made the food.

Non-prepacked (loose) foods

Most restaurants serve non-prepacked foods. Though there’s no packaging, restaurants should still provide customers with written, accessible allergen information. They can, for example, provide menus containing allergen information.

What Food Allergens Should You Be Warned Of?

There are 14 allergens and you should be able to access information about whether they are present in food being sold. The allergens list looks like this:

  1. Cereals containing gluten
  2. Eggs
  3. Fish
  4. Celery
  5. Lupin
  6. Milk
  7. Mustard
  8. Crustaceans
  9. Sesame seeds
  10. Soya
  11. Sulphur dioxide (sulphites)
  12. Peanuts
  13. Molluscs
  14. Nuts

If you suffered an allergic reaction to any of these 14 allergens due to negligence on the part of a restaurant, you could be able to make a claim. Call our advisors if you have evidence of a valid claim.

Calculating Compensation For An Allergic Reaction At Wimpy

Each food allergy compensation claim is unique so compensation values vary. What we can do though, is give you the below compensation table with example award ranges. These figures are based on guidelines produced by the Judicial College. Legal professionals use these guidelines to help them when valuing injuries.

Medical Issues Severity Level Important Info Range of Compensation
Illness/Damage Resulting from Non-traumatic Injury (iii) Causing significant discomfort Hospitalisation for days with symptoms continuing for some weeks but full recovery within one or two years. £3,710 to £8,950
Illness/Damage Resulting from Non-traumatic Injury (i) Severe Hospital admission lasting days or weeks and continuing symptoms. £36,060 to £49,270
Illness/Damage Resulting from Non-traumatic Injury (iv) Varying degrees Varying degrees of severe pain. Up to £3,710
Illness/Damage Resulting from Non-traumatic Injury (ii) Serious but short-lived Pain reducing over 2 to 4 weeks with some remaining over a few years. £8,950 to £18,020

You might be able to use an online personal injury claims calculator to get a ballpark estimate of how much food allergy compensation you might receive. Alternatively, our advisors can use their expertise and give you a free estimate of how much your claim could be worth. Why not reach out?

Possible Claimable Damages

Damages can be divided into two categories. The two types are general damages and special damages. General damages compensate you for the psychological and physical pain and suffering that you went through due to an incident that was someone else’s fault. The compensation table above shows examples.

To claim for general damages, you would need to attend a medical assessment as part of the claims process. You would meet an independent doctor who would assess your injuries. They’d then create a report. The purpose of this report is to:

  1. Assess the severity of your injuries.
  2. Prove that your injuries were caused or exacerbated by the incident. (If the professional finds no link between the incident and your injuries, you might find it difficult to claim.)

If you use the services of a solicitor, they could use this report to value your injuries.

For financial loss caused by your injuries, you could receive special damages. The following are examples of what you could recover:

  • Medical costs such as prescriptions
  • In the event you didn’t receive all of your salary/wages during your time off for recovery, you could seek compensation for loss of earnings
  • Travel costs such as transport to and from medical appointments
  • Costs associated with hiring a nurse to take care of you at home if you required this, or gracious care provided by friends or family

You will need to submit appropriate documentation in order to claim back costs you have already incurred. This could include, for example, bills, invoices or bank statements. For more advice about the kind of documented evidence to submit in support of your claim, please call and discuss this with a member of our claims team.

What Laws Apply To Restaurant Allergy Labelling, Warning And Prevention?

The Food Standards Agency (FSA) protects public health regarding food in and Northern Ireland, Wales and England. Under the Food Standards Act 1999, the FSA was created and given the power to act in the consumer’s interest in relation to food production.

The Food Safety Act 1990 acts as a framework for food laws in Scotland, Wales and England. Under the Act, food businesses (such as restaurants) should:

  • Not add anything to food, take anything from it or treat it in a way that could be damaging to consumers.
  • Only sell or serve food of the substance, quality and nature expected by consumers.
  • Label, advertise and present food in a way that is true and not misleading.

This guide on what you could do following an allergic reaction at Wimpy should give you answers. However, if you have evidence of a valid claim and would like free legal advice, why not call?

What Businesses Are Considered Catering Establishments?

We could say that any food business that sells or gives away food for consumption is a catering establishment. For example:

  • Street food stalls.
  • Restaurants and cafes.
  • Pubs.
  • Work canteens.
  • Takeaway restaurants.

If you suffer a triggered food allergy after eating food provided by any such catering establishment, then you may have a valid basis for a claim if you can prove that their negligence caused your reaction. Call and talk over your potential claim with our advisors to find out of your claim is valid or not.

Your Rights To Seek Compensation After An Allergic Reaction To Takeaway Food

If you suffer an allergic reaction and it was the restaurant or one of its staff that has been negligent and caused the allergic reaction, you could have the right to try and claim compensation.

Even though it could be possible for you to pursue a claim on your own, we recommend using the services of a solicitor to support you through the process. They’re well versed in the laws that protect you and how to make a claim.  If you have questions about this, our advisors will be happy to answer them.

Does The Consumer Rights Act Protect Diners?

The Consumer Rights Act 2015 gives you rights when you’re buying services, digital content or products. Essentially, under this law, products should be:

  • Satisfactory in quality.
  • As described.
  • Fit for purpose.

If, for example, an allergen menu shows that a meal doesn’t have your triggering allergen in it, but when you eat it you have an allergic reaction, the product wouldn’t be as described.

Talk to our claim advisors about your own circumstances to find out how a solicitor could help you further.

Time Limits For Claiming Compensation From A Restaurant

The personal injury claims time limit is generally three years. However, there are exceptions to this. For example:

  • If you are under 18, then you would have three years from the date of your 18th birthday to claim. Alternatively, a litigation friend could claim on your behalf before this.
  • If you lack the mental capacity to claim, someone could do so on your behalf as a litigation friend. However, if you regain mental capacity, you would have three years to claim from the date of your recovery.

You can call us and speak to an advisor to check exactly what the time limit could be in relation to your own claim.

I Suffered An Allergic Reaction At Wimpy, What Should I Do?

If your food allergy is triggered by negligence on the part of a restaurant or its staff, there are some things you can do in preparation for making a claim at a later stage. For example, you could:

  • Get professional medical care. Not only should this help with your recovery, but could also mean an official record of the medical condition exists.
  • Keep the packaging that the food came in if this has incorrect allergen information on it and that led to the reaction.
  • If any witnesses saw what happened, get their contact details. They may be called on for statements later.
  • Start keeping all of the bills, receipts, invoices, tickets, or any other proof of spending caused by your injuries.

Call and talk to our advisors to learn whether our panel of personal injury solicitors could help you.

Do You Handle Allergic Reaction At Wimpy Claims On A No Win No Fee Basis?

Did you know that if you want to use the services of a lawyer to make a compensation claim for an allergic reaction at Wimpy, you might be able to do so under a No Win No Fee agreement? Under this kind of arrangement for legal services, you won’t have to pay any upfront or ongoing lawyer fees. And if the claim is not a success, your lawyer doesn’t receive a fee at all.

If the claim is a success, your lawyer will likely expect to receive a success fee. The percentage of this success fee is limited by law. What’s more, it’s only taken once the compensation has come through.

If you want to know more about making a No WIn No Fee claim for an allergic reaction, please call and talk to one of our expert advisors. They’re available 24/7 and all advice is of no charge.

They could connect you with our panel of lawyers if you have a favourable claim but you’ll be under no obligation to proceed with this service. So why not use the contact information below to get in touch with them?

  • Call 020 3870 4868 for free legal advice over the phone.
  • Use our claim online form so we can get back to you whenever is best for you.
  • Us our live chat on this page to get instant answers online.

Useful Information

In addition to this online guide, we have published other related guides. You may like to take a look at these for more useful information.

How To Make Food Allergy Claims

Allergic Reactions: Your Rights

McDonald’s Allergic Reaction

These external links all lead to websites that provide additional helpful information, so you might want to take a look.

Managing Food Safety

Allergen Guidance For Food Businesses

Top 14 Allergens

FAQs About Your Rights After An Allergic Reaction At Wimpy

Below, we will attempt to give short, simple answers to commonly asked questions relating to making a compensation claim for an allergic reaction.

Could I claim on behalf of a child who suffered an allergic reaction?

Under certain circumstances, you can claim on behalf of a child under the age of 18 as a litigation friend. However, once the child reaches their 18th birthday, they’d have three years to claim for themselves if nobody had already done so on their behalf.

How should a restaurant deal with people who have food allergies?

Restaurants can follow the rules and regulations related to food labelling, and ensure that staff understand their responsibilities related to keeping customers safe from a triggered food allergy in a restaurant.

What are the signs of anaphylactic shock?

A person who is suffering from anaphylaxis may seem confused, have clammy or sweaty skin and may faint or become unconscious. If you believe somebody is suffering from anaphylaxis you should seek emergency medical treatment quickly.

Thank you for reading our guide on what you could do after an allergic reaction at Wimpy.

Writer CE

Checked by HT