If you have suffered from an allergic reaction, you are likely already familiar with the potentially life-threatening consequences. While many food allergies can be manageable, reactions can cause permanent damage and even be fatal. If someone else was responsible for your suffering, you may have grounds to claim an allergic reaction compensation amount.
In this guide, we have set out to answer some frequently asked questions about the public liability claims process. You will first read about the factors which may be considered when calculating compensation and what payouts can cover. Then, we will outline how someone can claim, why food allergy reactions occur, and how someone else can be responsible when they happen.
You will also learn about whether you need evidence and if there is a deadline for claiming compensation. Finally, we will explore how our panel of specialist solicitors can help you claim on a No Win No Fee basis.
Whether you’re ready to get started with your compensation or want more information about public liability claims in general, you can speak to our team of advisors. To do so, simply:
- Call 0800 408 7825.
- Contact us by filling out our online form.
- Reach us directly by live chat.
Jump To A Section
- What Allergic Reaction Compensation Amount Could I Get?
- How Is Compensation Calculated For A Food Allergic Reaction?
- I Had An Allergic Reaction, Am I Able To Claim?
- Who Would Be Responsible For My Food Allergic Reaction?
- Will I Need Evidence To Make A Food Allergic Reaction Claim?
- Is There An Allergic Reaction Compensation Claim Time Limit?
- Get Help From Public Interest Lawyers
- More Information
What Allergic Reaction Compensation Amount Could I Get?
In successful allergic reaction claims, compensation may consist of 2 heads:
- General Damages: Encompasses your pain and suffering as well as loss of amenity. This term relates to how your quality of life may have been affected.
- Special Damages: Pertains to the financial losses connected to your allergic reaction.
To help assess the potential value of general damages, solicitors may consult with the Judicial College Guidelines (JCG). This publication compiles a range of injuries, their severities, and suggestive compensation brackets.
Here, we have compiled a table summarising some of the JCG’s compensation brackets. However, you must note that the top row isn’t from the document, and the table isn’t a guarantee of what allergic reaction compensation amount someone might receive.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages, Such As Lost Wages | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderate Brain Damage (i) | £183,190 to £267,340 |
| Kidney Injuries (a) | £206,730 to £256,780 |
| Kidney Injuries (b) | Up to £78,080 |
| Total Incontinence of Bowels (a) | Up to £224,790 |
| Bladder Injuries (b) | Up to £171,680 |
| Very Severe Facial Scarring | £36,340 to £118,790 |
| Less Severe Facial Scarring | £21,920 to £59,090 |
| Injuries to the Digestive System (i) | £46,900 to £64,070 |
How Is Compensation Calculated For A Food Allergic Reaction?
Various factors may be considered when calculating an allergic reaction compensation amount, such as:
- The severity of the allergic reaction. For instance, you might have suffered long-term health issues, including permanent organ damage.
- Whether you also suffered psychological trauma, such as post-traumatic stress disorder (PTSD).
- The extent of treatment and what rehabilitative care is needed.
- What impact there is on your quality of life. For instance, the reaction may have led to a disability that meant you could no longer play sports or needed to change jobs.
Special Damages
As explained above, special damages aim to compensate you for monetary losses connected to your allergic reaction. These damages can include:
- Medical costs, including prescriptions, treatments, and rehabilitative care.
- Loss of earnings (present and future) due to time off because of the reaction.
- Cost of aids, such as inhalers or anti-histamine creams.
- Support in the home or other care costs.
- Travel expenses incurred while attending medical appointments, including trains, buses, cars, and taxis.
- Therapy, counselling, or other mental health support if you were psychologically harmed because of the allergic reaction.
You would have to prove the above and any other expenses through evidence, including receipts, wage slips, and bank statements.
Contact our advisors now for further guidance on what factors may be considered when calculating an allergic reaction compensation amount.
I Had An Allergic Reaction, Am I Able To Claim?
You will need to meet specific eligibility criteria in order to start your food allergy claim. This criteria requires you to show that:
- Another party owed you a duty of care.
- They breached this duty towards you.
- As a result of the breach, you suffered an allergic reaction.
You may have heard the term ‘duty of care’ previously. In short, it’s the obligation that someone has to take practical steps to keep others reasonably safe. This duty is laid out by various pieces of legislation, but the principle of protecting others is universal. We’ll take a look at what this legislation is in more detail in the following section.
You can also speak to our advisors now for a free consultation to see if you have valid grounds to claim compensation.
Who Would Be Responsible For My Food Allergic Reaction?
Any food business operator who breaches their duty of care, causing you to suffer an allergic reaction, may be responsible for your suffering. This duty of care is met by food operators, including pubs and restaurants, and set out by the following legislation:
- The Food Safety Act 1990 states that food should not be changed in any way that might damage someone’s health when consumed. This applies to the food treatment process, as well as anything that is removed or added to food. Additionally, the act governs how food is labelled, packaged, and presented, and requires both served and sold food to meet consumer expectations.
- The Food Information Regulations 2014 states that businesses must inform consumers about any allergens in their products.
- ‘Natasha’s Law’ mandates a full list of ingredients to be published for pre-packed for direct sale foods (PPDs). If any of the 14 allergens are present, they must be highlighted on the label.
The Food Standards Agency (FSA) is the government body responsible for protecting consumer interests and health. Established under the Food Standards Act 1999, the FSA has regulatory powers in England, Wales, and Northern Ireland concerning safety and hygiene related to food (and feed) safety. It also has responsibility for food safety labelling, including allergen information.
Next in our allergic reaction compensation amount guide, we will list some scenarios that may lead to a valid claim.
Examples of Food Allergic Reaction Claims
Below, you will find several examples showing why a food allergy reaction claim might happen. According to a 2024 study by the Food Standards Agency, 6% of people in the UK have a food allergy confirmed by a clinician, equating to 2.4 million adults. Additionally, 30% of adults were reported to have had some kind of adverse reaction to eating food.
Restaurants
There are many ways in which a restaurant could breach the duty of care owed to their customers. For instance:
- As someone with a nut allergy, you decide to check the menu to see if there are any dishes without the ingredient. You order a dish where it is possible to substitute nuts and inform the server about your allergy. However, the restaurant fails to follow your instructions and still serves you the original dish containing the nuts. Subsequently, you have an allergic reaction that causes skin rashes, hives, and swelling, leaving you emotionally distressed and permanently scarred.
- While dining at a restaurant, you order a meal that lists the ingredients used in the dish. However, the kitchen staff decide to make unannounced changes to the ingredients, including cheese, despite being told that you had a dairy allergy. You immediately notice something is wrong when your tongue swells up while eating the food. The allergic reaction leaves you in agony and results in severe bowel issues.
Supermarkets
In cases where a supermarket doesn’t comply with food safety standards, it may lead to otherwise avoidable allergic reactions, such as:
- A supermarket bakery mixes up its labels for several products, including items containing allergens. The mix-up leads you to buy a cake that contains peanuts, despite the label stating it is made without nuts. As a result, you have a severe allergic reaction that leaves you hospitalised with long-term bladder damage.
- You check the label of pre-packaged ‘own brand’ sweets while shopping at a supermarket to ensure that there is no egg ingredient since you’re allergic to them. The items don’t make any mention of them, but not all of the ingredients have been added to its labelling, including eggs. You need to be hospitalised with serious toxicosis and are left with extensive scarring from the allergic reaction.
Pubs and Takeaways
Both pubs and takeaways also have a duty of care to customers. If that duty of care isn’t met, it can result in situations like:
- You ask takeaway staff if it would be possible to make changes to a dish containing battered fish. They assure you that they will, but don’t take any steps to switch it out for a tofu alternative. The takeaway serves you the original dish, leading you to suffer lung damage that permanently affects your quality of life.
- While dining at a gastropub, you order food from their allergy-free menu. However, the kitchen staff prepare your meal using the same utensils used on dishes that contain allergens. Due to this failure, you are left with organ damage and very severe facial scarring.
Coffee Shops and Cafés
As with other food business operators, cafés and coffee shops have a duty of care to their customers. They may breach that duty in scenarios such as the following:
- In a café, you inform your server about your milk allergy. However, the barista prepares your coffee in a container in which a milkshake had been prepared earlier. Due to this cross-contamination, you immediately have a reaction that leads to severe toxicosis and kidney damage.
- You order food at a café that doesn’t provide its staff with training on how to correctly store the food it serves. Due to this failure, you are served food that has been cross-contaminated with traces of ingredients that you are allergic to. The contamination leads you to go into anaphylactic shock, causing you to go into cardiac arrest and suffer long-term organ damage.
Will I Need Evidence To Make A Food Allergic Reaction Claim?
To support your allergic reaction claim, you will need sufficient evidence to show how you meet the eligibility criteria we talked about earlier. Here are some examples of the evidence which could help your case:
- Contact details of the person who was with you at the time of the incident. A solicitor can use this information to collect witness statements for your claim.
- Medical records, such as correspondence with your GP, prescriptions, or test results.
- Photographs of any visible scars or swelling.
- Food packaging can show how an allergen wasn’t labelled.
- If possible, a sample of the food for an allergen test.
If you decide to work with a specialist solicitor from our panel, you will be able to get whatever help you need with gathering evidence for your claim. Speak to our friendly advisors now to find out more about the support you can get when making a food allergy claim.
Is There An Allergic Reaction Compensation Claim Time Limit?
Yes, you usually have 3 years to start a claim for allergic reaction compensation, as laid out by the Limitation Act 1980. However, there are exceptions in cases involving minors and vulnerable adults, as neither are able to make a claim for compensation by themselves. The 3-year limitation period is therefore paused for them unless:
- A minor turns 18, giving them till their 21st birthday in which to begin a claim.
- A vulnerable adult regains the ability to make a claim. In such cases, the 3 years will apply from the date they recovered their mental capacity. Otherwise, the time limit will be on hold indefinitely.
If you wish to help someone from these groups start an allergic reaction claim while time limits are frozen, you could become a litigation friend. This role can also be filled by other eligible adults, including friends and solicitors, and allows a person to claim on another’s behalf.
Unsure about the time limit on your claim? Or would you like to discuss being a litigation friend? Contact us now for guidance from our helpful advisory team.
Get Help From Public Interest Lawyers
Here at Public Interest Lawyers, we understand that allergic reactions can have life-altering consequences. That’s why we work with a panel of expert public liability solicitors who are dedicated to putting clients at the heart of the claims process. From the outset, you can be confident that they will work hard to secure an allergic reaction compensation amount that is fair to you.
By making a claim through a solicitor from our panel, you can gain the following benefits:
- Gathering evidence, including collecting witness statements in support of your claim.
- Negotiating your allergic reaction compensation.
- Communicating with the other party at every stage of the process.
- Explaining anything you’re unsure about, including terms and documents.
They are also committed to easing the financial concerns some might have about hiring a solicitor. How? Well, our panel’s No Win No Fee solicitors work through a Conditional Fee Agreement (CFA), which means that you won’t face:
- Any solicitor fees to start a claim.
- Extra solicitor fees during the pendency of your allergy claim.
- No solicitor fees at all if your claim fails.
In the event that your allergic reaction claim succeeds, your solicitor will receive a success fee for their services. This is a percentage of your compensation, which is capped by The Conditional Fee Agreements Order 2013. So, if you decide to sign a CFA, you can rest easy knowing that you’ll keep the bulk of your compensation.
Contact Our Panel Of Solicitors
Are you ready to get started with your allergic reaction claim? Get in touch with our trained advisors today:
- Call 0800 408 7825.
- Contact us by filling out our online form.
- Reach us directly by live chat.
More Information
Here are some of our other guides which may be relevant:
- Details on making an accident at school claim.
- Information on claiming food poisoning compensation.
- Our guide on pothole accident claims.
You can also read some of these external links:
- NHS guidance on hay fever.
- Information from the NHS on food allergies.
- Allergy guidance for schools from the government.
Thank you for reading our guide, which explored what factors may be considered when calculating an allergic reaction compensation amount.
