If you are an allergy sufferer, going out for a meal can be a minefield. You will often need to spend time researching what meals are suitable for you and won’t make you ill. To make things a bit easier, food businesses are legally obliged to list certain allergens used in their food. But what if they fail to do so, and what about cross-contamination? In this article, we are going to look at what evidence could potentially validate an allergic reaction claim against Bella Italia. To be eligible to make any personal injury claim you must be able to prove that negligent treatment, from an entity that owed you a duty of care, caused you to suffer.
Advice.co.uk can assess any allergic reaction compensation claim on a no-obligation basis. Our advisors can give you lots of free legal advice on your options and could connect you with a personal injury solicitor. If they choose to take your case on, it will be managed using a No Win No Fee service.
Want to know more? Why not call our team of friendly advisors on 0161 696 9685 today? If you would like to learn more about restaurant allergy claims before calling, please read the rest of this helpful guide.
Select A Section
- A Guide To Allergic Reaction Claims Against Bella Italia
- Allergic Reaction Claims Compensation Calculator
- Special Damages Awarded For Allergic Reactions
- What Could Potentially Be An Allergic Reaction Claim Against Bella Italia?
- Allergy Warning Information Which Must Be Displayed
- Negligent Food Safety Preparation
- What Allergens Could I Ask To Be Removed From My Order?
- Symptoms And Effects Of Food Allergies
- I Didn’t Say I Have An Allergy, Could I Still Claim?
- Statistics On Allergies To Food
- The Bella Italia Menu
- No Win No Fee Allergic Reaction Claim Against Bella Italia
- Talk To An Advisor About An Allergic Reaction Claim Against Bella Italia
- Allergy Claim Resources
- FAQs On Food Allergies
A Guide To Allergic Reaction Claims Against Bella Italia
Laws relating to food labelling exist to help prevent allergy sufferers from becoming ill. In many cases, allergic reactions cause minor symptoms that don’t last very long at all. However, some reactions can cause life-threatening injuries which sometimes lead to fatalities. You could be entitled to compensation for an allergic reaction if it was caused by a restaurant’s negligence.
In this article, we’ll explain why you might be able to start an allergic reaction claim if you have appropriate justification and proof. While restaurants do take steps to protect customers who suffer from allergies, there is always the possibility for things to go wrong.
We’ll look at what causes reactions to happen, what mistakes could be made by a food business and how much compensation you might be eligible to receive. Additionally, we’ll look at what rules exist to try and protect you.
Claims for allergic reactions are time-limited. In the large majority of cases, the time limit is 3 years, and it begins on the date the reaction occurred. When you’ve reached the end of this article, then please feel free to call and ask any questions. If your case appears viable, we could refer you to a specialist lawyer from our panel.
Allergic Reaction Claims Compensation Calculator
In this section, we are going to show you how much compensation could be paid for certain injuries caused by allergic reactions. The table that follows is made up of data taken from the Judicial College Guidelines, a document used to help determine settlement amounts in personal injury claims.
Due to the fact that each case is unique, the data in our table should be taken as guidance only at this point. If you choose to have your case reviewed by a member of our team, they will be able to offer a more personalised compensation estimate. The figures shown are amounts paid to compensate for pain, suffering and loss of amenity. This type of compensation is called general damages.
|Reason for Claim||Compensation Range||Notes|
|Illness/Damage Resulting from Non-traumatic Injury (Allergic Reaction)||Up to £3,710||This type of reaction will be minor and may last up to 2 weeks.|
|Illness/Damage Resulting from Non-traumatic Injury (Allergic Reaction)||£3,710 to £8,950||In this category, hospitalisation may be required for a few days. Most symptoms will resolve within a few weeks, but some may last as long as 2 years.|
|Illness/Damage Resulting from Non-traumatic Injury (Allergic Reaction)||£8,950 to £18,020||Vomiting and diarrhoea that diminishes over a 4-week period. However, there will be some impact on bowel disturbance, enjoyment of food or sex life for a few years.|
|Illness/Damage Resulting from Non-traumatic Injury (Allergic Reaction)||£36,060 to £49,270||In this category, the symptoms will have result in a significant impact on the enjoyment of life and the ability to work. It could include severe toxicosis, vomiting, diarrhoea and acute pain that could lead to hospitalisation for several weeks.|
One of the main factors used to determine the correct compensation figure is the severity of your injuries. You may be invited to a medical assessment as part of your personal injury claim. This will usually be held locally.
An independent medical specialist will conduct the appointment. They will review your medical records and discuss the impact of your injuries. Importantly, they will try to ascertain if you’ll continue to suffer in the longer term as well as looking at injuries that you have already recovered from. The report will also determine whether your injuries were at least worsened or caused by the incident. If it concludes that your reaction wasn’t linked to the incident at the restaurant, you won’t be able to claim.
Special Damages Awarded For Allergic Reactions
As well as claiming for your injuries, you could be entitled to claim back any costs incurred as a result of your allergic reaction. This is known as a special damages claim. The aim is that special damages will return you to the same position, financially, that you were in before your allergic reaction.
There is no way of telling you how much you could claim here as the amount varies from case to case. However, you could include the following:
- Medical expenses.
It is possible that you may need to pay for prescriptions, over the counter medication and non-NHS services during your recovery. If that is the case, you could claim these costs back.
- Care costs.
If day-to-day tasks are difficult while you’re recovering, you may need some support. Therefore, you could be entitled to claim care costs. This could simply be an hourly rate for a friend who supported you. Alternatively, you could be reimbursed for any professional carer’s fees.
- Travel costs.
When visiting a doctor, pharmacy or hospital, you may need to pay parking fees or incur fuel costs. Therefore, you could ask for these to be paid back.
- Lost income.
If your earnings are reduced because you need time off from work, you could claim the losses back. This could include taking time off for medical appointments.
- Future lost earnings.
If the allergic reaction has consequences that reduce your ability to work, then you could claim for future lost income. Factors like your age, salary and job prospects could be used by your lawyer to help calculate the amount awarded.
What Could Be An Allergic Reaction Claim Against Bella Italia?
There are several things that need to be proven if you are to make a successful allergic reaction claim. They are that:
- The defendant (the food business) owed you a duty of care.
- They broke their duty of care.
- As a result of that, you were made ill (suffered an allergic reaction).
As you’d expect, the defendant’s insurer may deny liability for any claim unless you can provide evidence to substantiate your claim. In the case of proving undeclared allergens, you could use food packaging, photographs of the menu or take witness details so they may provide statements.
NHS Information on Allergic Reactions
According to the NHS, allergic reactions happen when your immune system labels food ingredients as being dangerous (even though they are not). At this point, antibodies are released to try and prevent you from being harmed.
Histamine is released when your body identifies something harmful, so it can be helpful in fighting infections, for example. However, for people with allergies, histamine can be released when the body sees an allergen as a threat (such as nuts or milk). It can cause blood vessels to swell which causes red skin. It can also affect the nerves in your skin which causes itchiness. We’ll discuss the most common symptoms of allergic reactions to food later on.
Allergy Warning Information Which Must Be Displayed
Any food business must provide certain allergen information when selling food, whether pre-packed or not. The ways in which this is done can vary. For instance, they could:
- Let staff tell customers about allergens.
- List any allergens on menus and advertising.
- List the details of any allergens on food packaging.
If pre-packed food contains one of the main 14 allergens, it should be marked clearly on the packaging to make them stand out from other ingredients. Additionally, labelling like ‘may contain’ should be used if the food is prepared in an area where allergens are also used.
If you believe that you have suffered because inadequate allergen information was available, you could use photographs of menus or food packaging to support your claim.
To discuss whether you might have the right evidence to make a valid allergic reaction claim against Bella Italia, why not ask our team for advice? We provide free claims advice and a no-obligation assessment of your claim. If the claim is suitable, we could refer you to a specialist solicitor who’ll operate on a No Win No Fee basis if your claim is accepted.
Negligent Food Safety Preparation
When restaurants are preparing food it is important that cross-contamination does not occur. If it does then if the 14 main allergens are present this must be communicated to the consumer. For example, it might be possible to begin a compensation claim if your allergic reaction was caused by:
- Inadequate food handling procedures meaning your food became contaminated with an allergen and this was not communicated to you.
- Staff substituting an ingredient in your meal and using one of the 14 main allergens that they didn’t declare.
- Staff giving you incorrect advice on the presence of an allergen when you question them.
Proving these scenarios caused your allergic reaction might not be easy. Therefore, any evidence you can gather could prove vital. We would always advise that you take on legal representation when making personal injury claims. By doing so, you could avoid missing out on compensation or being paid too little. Please call today to have your case assessed along with any evidence you have for free.
What Allergens Could I Ask To Be Removed From My Order?
According to the Food Standards Agency, there are 14 allergens that must be declared by law. These are molluscs, eggs, milk, celery, soybeans, fish, sesame, tree nuts, mustard, peanuts, lupin, sulphur dioxide (and sulphites), cereals containing gluten and crustaceans.
If you know that you have an allergy to one of these ingredients, you are well within your rights to ask for it to be removed from food prior to purchase. However, businesses do not have to agree to your request. If they do agree, they must remove all traces of the ingredient. Failure to do so could mean you are entitled to make a claim if their error caused you to suffer a reaction.
Evidence that could help prove this type of claim includes receipts that list the variation you requested or witness statements from those who heard staff agree to fulfil your order. Please call if you’d like more information on claiming for an allergic reaction to food.
Symptoms And Effects Of Food Allergies
The NHS lists the most common symptoms of food allergies as being:
- Red, itchy or watery eyes.
- A blocked or runny nose which is itchy.
- Coughing, wheezing or shortness of breath.
- Nausea, vomiting, diarrhoea or tummy pain.
- A red rash known as hives.
- Swelling of the tongue, lips, face or eyes.
- Dry, red or cracked skin.
These symptoms may pass after just a few hours. Alternatively, they could last weeks and result in hospitalisation. Some of the more serious symptoms of allergic reaction result from anaphylaxis.
This is the most severe form of allergic reaction which, on occasion, can be fatal. Anybody suspected of having a severe allergic reaction should receive medical attention as soon as possible. Symptoms of anaphylaxis include:
- Feeling faint or becoming lightheaded.
- Becoming confused and anxious.
- A rapid heartbeat.
- Wheezing and difficulty breathing.
- Collapsing or losing consciousness.
I Didn’t Say I Have An Allergy, Could I Still Claim?
While it is probably a good idea to inform staff of an allergy before ordering food, you’re not required to legally. Instead, there is a requirement in law for the business to make it easy for you to find out what allergens are used in their products.
That means that if you do suffer an allergic reaction caused by negligence, you could still start a claim for your suffering even if you did not tell staff about your allergens. For example, you may have read the menu and seen that a certain meal doesn’t include the allergen that triggers your reaction. Therefore, you might not have felt the need to advise the restaurant of your allergies. If, after eating that meal, you suffer symptoms because of cross-contamination or incorrect information, you could potentially claim.
Statistics On Allergies To Food
In this section, we have used information supplied by the Food Standards Agency in relation to food allergies and intolerances. Importantly, allergies are not the same as intolerances. Generally, intolerances are related to the digestive system rather than the immune system.
The stats show that:
- It is estimated that in the UK 2 million individuals live with a diagnosed food allergy.
- 600,000 people are estimated to suffer from coeliac disease.
- Up to 2% of UK adults are food allergy sufferers. That figure rises to up to 8% in children.
The Bella Italia Menu
For information, we have listed some of the meals from the Bella Italia menu at the time of writing. It is worth noting that if you are ordering food for home delivery, allergen information should still be easily available to you.
- Garlic Dough Bites
- Hand-Stretched Flatbread with Garlic & Parsley
- Bruschetta with Tomato and Mozzarella
- Caprese Salad
- Gluten-Free Gamberi
- Minestrone Soup
- Vegan Bolognese
- Gluten-Free Cacio e Pepe
- Gnocchetti Funghi Crema
- Gamberoni Piccante
- Pollo Crema
- Traditional Lasagne
- Pepperoni Piccante
No Win No Fee Allergic Reaction Claim Against Bella Italia
What’s putting you off making a compensation claim? Is it because you’re worried about how much a solicitor will cost? Having a solicitor represent your case is a choice they are not compulsory. However, having one that operates a No Win No Fee service may be very beneficial. That’s because it gives you access to legal expertise with reduced financial risk.
The solicitor will need to check your case with you before accepting it. After a free review, you’ll be given a Conditional Fee Agreement (CFA) to read if the solicitor takes your claim on. The CFA explains what the solicitor will need to do if they’re to be paid. It will also demonstrate that:
- Solicitors do not need to be funded upfront.
- No solicitors’ fees are payable during the course of the claim.
- You won’t pay any solicitor’s fees for unsuccessful claims.
Should your solicitor win your case for you, they will deduct a success fee from any compensation awarded. The fee is listed in the CFA as a small amount, and it is used to cover the solicitor’s work. By law, success fees are limited to prevent overcharging.
Talk To An Advisor About An Allergic Reaction Claim Against Bella Italia
You have almost completed our guide exploring allergic reaction claims against Bella Italia. If you would now like to discuss your case because you would like to claim, you can:
- Call one of our specialist advisors on 0161 696 9685 for free claims advice.
- Ask an online advisor to explain how we could help in live chat.
- Tell us about your claim using our enquiry form.
Allergy Claims Resources
Thanks for reading our article about allergic reaction claim against Bella Italia. In this part, we have added some external guides and articles which you might find useful.
Anaphylaxis Campaign – a UK charity offering help and support to anybody at risk of anaphylaxis.
Living With A Food Allergy – NHS advice aimed at helping those who suffer as a result of allergies.
Regulation (EU) No 1169/2011 – the legislation currently in place to offer consumers protection when purchasing food.
As we support many different types of compensation claims, we have included some more of our articles below:
No Win No Fee Claims – a more detailed look at how to claim for personal injuries.
Hit And Run Claims – details about a scheme that allows you to be compensated when the other driver leaves the accident scene.
Leisure Centre Accidents – advice about claiming if you’re injured while using a leisure centre.
FAQs On Food Allergies
Finally, we have put together some commonly asked questions and answers that may help you.
How long does it take for an allergic reaction to clear up?
Allergic reactions to food can clear up after a few hours in very mild cases. However, some longer-term problems linked to bowel function can take much longer to resolve.
How do you deal with an allergic reaction to food?
If you are worried about an allergic reaction you should seek medical advice immediately. However, If a person has gone into anaphylactic shock call 999.
What are the symptoms of a severe food allergy?
In short, the signs of anaphylaxis (the most severe type of allergic reaction) include a swollen tongue, tight chest, trouble speaking or swallowing, breathing difficulties, feeling faint or dizzy or collapsing. Importantly, anaphylaxis should always be treated as a medical emergency.
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