When it comes to accidents, allergic reactions in restaurants do not immediately spring to mind as an obvious example. Whilst the physical injuries caused by slips, trips and road traffic accidents may be easier to notice or give a clearer indication that an accident has occurred, allergic reactions can be every bit as serious.
According to Allergy UK one in 4 people develop an allergy at some point in their life with numbers increasing every year.
If You Have a Food Allergy and You Eat Out are Food Outlets Obliged to Keep You Safe?
This is a question many have been asking recently after the tragic case of Shahida Shahid hit the headlines after an Inquest in January 2018.
Shahida, an 18 year old Manchester University Student collapsed after eating at the Almost Famous restaurant in Manchester on 9th January 2015. She was rushed to hospital but died 3 days later. The jury at Manchester Crown Court returned a verdict of misadventure. Shahida had explained to restaurant staff that she had a severe food allergy and asked the server which dishes would be safe for her to eat. Sadly, the chicken burger that she was later served with had been marinated in buttermilk which triggered an allergic reaction and led to her death.
Ironically in Shahida’s case, new food allergy labelling and information requirements came into force in December 2014: just a few weeks prior to her visit to Almost Famous. These rules required all businesses serving food to ensure that their customers are provided with information about the use of allergenic ingredients, or alternatively to direct their customers as to where that information can be found. Unfortunately, although Almost Famous had a system in place that invited customers to ask about allergenic ingredients, as Shahida did, their system was flawed due to lack of communication between the server and the chef.
Clearly despite precautions taken by allergy sufferers, contact with the allergen may occur due to the negligence of another. For example by lack of communication as in Shahida’s case, or if an allergen is contained within a food but not declared on the label or a customer is wrongly informed that a menu item is free from an allergen and the food is consumed causing an allergic reaction. In these cases the food producer may be found liable for the injuries.
What Should You Do if you are Eating Out and You Have Food Allergies
You must make it clear that you have allergies. Do not be afraid to ask questions. Ask the waiting staff if they have had training on food allergies and cross contamination. Also ask if you can speak to the chef or the manager about meal options. Ask about the dishes and in particular whether they are made in-house or not. Make sure you keep the receipt for your purchase if possible.
When Can You Make A Claim?
If you do suffer an allergic reaction but the symptoms resolve relatively quickly you may just wish to give the establishment a call to ensure they improve their training so it doesn’t happen again. However if you have suffered a more severe allergic reaction you may wish to take it further and you may be able to claim compensation, depending on what injuries you have suffered as a result.
A key part of a successful accident compensation claim is establishing who is at fault. Generally any business which prepares and/or provides food is responsible for ensuring that the health of people with food allergies is not put at risk. If a restaurant or similar food establishment created or prepared the food without due care and attention then a food allergy claim may be forthcoming from someone who was injured as a result.
Bringing a claim for personal injuries due to an allergic reaction may require the claimant to demonstrate that they informed the establishment in question of their allergy or that they enquired as to whether an allergen was present. Failure to do so would significantly decrease their chances of a successful claim. The claimant will also need to show that it was the particular food that caused the reaction and not something they had contact with elsewhere.
Taylor&Emmet have many years’ experience of dealing with personal injury claims. For advice please do not hesitate to contact us by calling 0114 218 4000 or email info@tayloremmet.co.uk
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