How To Make An Allergic Reaction Claim Against Papa John’s?

In accordance with food safety legislation, food businesses must let you know about allergens contained within their products. That does not mean they need to tell every customer individually, but they do need to make the information easily available. If they provide allergy information that is incorrect and you suffer an allergic reaction as a result, you could be eligible to claim for any harm caused. Therefore, in this article, we’ll explore the idea of allergic reaction claim against Papa John’s. We will show you how allergens should be advertised and what allergen information should be included.

Papa John's allergy compensation claims guide

Allergic Reaction Claim Against Papa John’s guide

Advice.co.uk has a specially trained team who are ready to provide you with free legal advice. If your claim is deemed suitable following a no-obligation telephone consultation, it could be passed to a personal injury solicitor from our panel. Should they agree to represent you, their work will be conducted on a No Win No Fee basis.

If you would like to begin your claim today, please call us on 0161 696 9685 right away. Alternatively, you can read the rest of this article to find out more about when you could potentially make an allergic reaction compensation claim.

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A Guide To Allergic Reaction Claim Against Papa John’s

Whether you go out to order pizza or have it delivered, if you suffer from an allergy you will probably examine the menu very closely. Legally, all restaurants, pubs, bars, cafes or takeaways need to make it clear whether the 14 main allergens are in the food you’re ordering. This is because allergic reactions to food can lead to life-threatening conditions (and even fatalities). Even if you suffer a minor allergic reaction with less serious symptoms, you may still be able to claim compensation if it was caused by a business’s negligence.

Therefore, during this article, we’ll look at what scenarios might mean you could be eligible to start an allergic reaction claim.

During the course of our guide, we’ll consider the amount of compensation that might be awarded for different types of allergic reaction. Also, we’ll look at the 14-allergens companies are legally obliged to declare.

As with other types of claims, there is a time limit for allergic reaction cases. In most cases, you will have 3-years from the date of the incident that caused you to suffer. That said, the time limit for cases involving children is longer.

When you have completed our guide, on allergic reaction claim against Papa John’s why not give us a call to see if your case is strong enough to begin a claim? Our advisors will assess your case for free and give free legal advice on what to do next.

Allergic Reaction Claim Compensation Calculator

OK, before looking at why you could make allergic reaction claims, let’s consider the amount of compensation that might be paid. We have used data from the Judicial College Guidelines (JCG) in our table below. The JCG is referred to by insurers and lawyers when valuing injuries and illness.

Although we have supplied example amounts, you should remember that each claim is different. Therefore, for a more accurate compensation estimate, please speak to our team and let them assess your claim in detail.

The figures listed below are known as general damages. They aim to cover any pain, suffering or loss of amenity caused as a result of your allergic reaction.

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Claim Compensation Bracket Notes
Allergic Reaction / Non-traumatic Injury Up to £3,710 A minor reaction that usually resolves in around a couple of weeks.
Allergic Reaction / Non-traumatic Injury £3,710 to £8,950 An allergic reaction that might cause hospitalisation. Most symptoms will be resolved within a few weeks, however, full recovery might take up to 2-years.
Allergic Reaction / Non-traumatic Injury £8,950 to £18,020 Diarrhoea and vomiting that dissipates over a 4-week period. However, there will be some impact on bowel disturbance and enjoyment of food for a few years.
Allergic Reaction / Non-traumatic Injury £36,060 to £49,270 This type of reaction will cause a significant impact on the enjoyment of life and the ability to work. It might result in severe toxicosis, vomiting, acute pain, and diarrhoea that could result in hospitalisation for several weeks.

One of the most important factors used to determine how much compensation is awarded is the severity of your injuries. Therefore, you will be invited to have a medical assessment. This will be arranged as locally as possible.

The assessment will be carried out by an independent medical practitioner. They will discuss your suffering with you and review any medical notes during your meeting. So, once the appointment has ended, a report will be submitted to your lawyer that explains the level of suffering you have already endured and a prognosis about future suffering. If you have chosen not to use a solicitor then the report will be sent to you. 

Special Damages For Allergic Reaction Claims

You might be able to claim for any costs, expenses or financial losses that are caused by an allergic reaction. This is known as a special damages claim. Importantly, the aim is to return you to the position you were in, financially, prior to the reaction.

Again, claims are unique, but you could ask to be reimbursed for:

  • Medical expenses.
    This could cover the cost of prescriptions, over the counter medicines or treatment that is not available from the NHS.
  • Care costs.
    If the allergic reaction leaves you unable to carry out daily tasks while you’re recovering, you could claim back the cost of a carer. In most cases, this will be an hourly rate for a friend or family member’s support. However, it could also cover the cost of a professional carer where needed.
  • Travel costs.
    Should you need to make visits to a GP, pharmacy or hospital as a result of your injuries, you might incur costs. Therefore, you could include parking fees, public transport fare or fuel costs in your claim.
  • Lost income.
    Where your injuries result in lost earnings, you could ask to include the loss in your claim. This could result from taking time off to recover or to attend a medical appointment.
  • Future lost income.
    Where your ability to work is impacted in the long-term, you might be able to ask for any future lost earnings to be compensated too. For this type of claim, your age, job prospects and current salary will be considered. 

You will need evidence to help prove your losses. Therefore, it is a good idea to retain wage slips, receipts and bank statements to support your claim.

What Could Be Classed As An Allergic Reaction Claim Against Papa John’s?

In terms of compensation claims, there are several things that need to be proven in allergic reaction cases. They are:

  • That the restaurant, café, bar or retailer owed you a duty of care.
  • The duty of care was breached because the restaurant supplied incorrect allergen information.
  • As a result, you were made ill because of an allergic reaction.

Proving these criteria is something a lawyer could help you with. Evidence you could supply that will help includes photographs of the food businesses premises, retained food packaging, witness statements, as well as, photographs of the menu.

Further Information on Allergic Reactions

Allergic reactions to food are caused by the body’s immune system. A defence mechanism that’s used when ingredients are wrongly identified as being dangerous. The main cause of symptoms of an allergic reaction (which we’ll discuss later) is caused when antibodies like histamine are released to try and protect you.

Allergy Warning Information Which Should Be Displayed

As we have explained, food businesses are obliged to let customers know about certain allergens they use in their products. This can be done in several ways, including:

  • Displaying a list of allergens on the restaurant’s menu.
  • Listing allergens on pre-packed food packaging.
  • Staff informing customers about allergens if asked.
  • Using advertising to explain where customers can find the information they need. For example, a poster could be displayed prominently to tell customers that allergen information is available on the company’s website.

Allergen information on food packaging needs to stand out. Therefore, bold, coloured or underlined text should be used. Additionally, phrases like “may contain” should be used if traces of an allergen might be possible due to cross-contamination.

Food Safety Negligence

In addition to not displaying details about allergens clearly, there are other ways negligence could lead to you suffering an allergic reaction. We have listed a few examples below:

  • Food hygiene practices not being adhered to. For example, where preparation areas are not cleaned properly causing cross-contamination.
  • Where staff give inaccurate information about whether an item contains an allergen.
  • When food is cooked using the wrong ingredients meaning an undeclared allergen is used.

If you suspect that negligence in a restaurant has resulted in you suffering an allergic reaction, we could help you. Please call today and let an advisor know all of the details relating to your case.

The 14 Common Allergens You Could Request To Be Removed

You can request for any allergen to be left out of your food. Although restaurants do not need to fulfil your request. However, legally, the 14 most common allergens must be declared by food businesses. They are soybeans, peanuts, tree nuts, milk, sulphur dioxide (and sulphites), crustaceans, cereals that contain gluten, fish, celery, lupin, eggs, mustard, sesame and molluscs.

As a customer, you could ask a restaurant to remove a particular allergen from your food prior to purchasing. Of course, they could refuse to do so and ask you to make another choice. If they do agree to prepare your food in the way you have asked, then all elements of the allergen should be removed. If they fail to do so, without informing you and you suffer a reaction, you could be entitled to seek compensation.

Evidence that could help you prove this type of claim includes witness statements, a receipt that shows your bespoke requirements or food samples. If you believe an allergen wasn’t removed, despite the business agreeing to, and it caused you to suffer, please call our team to discuss claiming. You’ll receive free legal advice and a no-obligation review of your case even if you don’t end up making a claim.

What Are The Symptoms Of An Allergic Reaction?

The NHS explains that some common allergic reaction symptoms include:

  • A runny, itchy or blocked nose.
  • A raised red rash called hives.
  • Nausea, tummy pain, diarrhoea or vomiting.
  • Red, watery and itchy eyes.
  • Coughing, shortness of breath or wheezing.
  • Dry, red and cracked skin.

In a lot of cases, these symptoms can last a few hours or days. That doesn’t mean a claim is not possible though. In other cases, these symptoms can result in hospitalisation and affect the digestive system for weeks, months or years.

In the most severe allergic reactions, anaphylaxis is possible. This is a medical emergency as it can lead to life-threatening symptoms. A small number of cases each year lead to fatalities.

The symptoms of anaphylaxis include:

  • Clammy skin.
  • An unusually fast heartbeat.
  • Lightheadedness or feeling faint.
  • Confusion and anxiety.
  • Breathing difficulties, shallow breathing or wheezing.
  • Collapsing (becoming unconscious).

Due to the severity of these symptoms, emergency services should be contacted immediately.

I Did Not Tell Papa John’s I Have An Allergy, Could I Still Claim?

You may think that, as an allergy sufferer, you should tell restaurant staff about your condition. Well, even though that may be a good idea, you are not obliged to. There is a legal onus on a food business to tell you about certain allergens contained within their products. That means if you didn’t explain you had an allergy, you could still be entitled to compensation if allergen information was not correct when you ordered which caused you to suffer a reaction.

To discuss what is required to make a claim, why not contact our specialists today? They’ll review your case along with any evidence you might have for free. If your case is ready to begin, we could pass it to a No Win No Fee personal injury solicitor from our panel.

Statistics On Allergies In The UK

In this section, we are briefly going to provide some statistics relating to allergies in the UK. They include:

  • The UK has one of the highest rates of allergic conditions with over 20% of us affected by at least one allergy.
  • In the 20-year period ending 2012, hospitalisations caused by anaphylaxis rose by 615%.
  • 44% of UK adults have one allergy and, of those, 48% suffer from more than one allergy.

These statistics are provided by Allergy UK. Importantly, they cover all types, not just food allergies.

Papa John’s Menu UK

For your information, we have listed some of the items on the menu at Papa John’s at the time of writing this article.

Pizzas

  • Chilli freak.
  • Vegan works.
  • American hottest.
  • Vegan chilli freak.
  • BBQ chicken classic.
  • BBQ meat feast.
  • Chicken club.
  • Sausage and pepperoni.
  • The works.
  • Garden party.
  • The Mexican.
  • Double pepperoni.
  • Vegan garden party.

Sides

  • Potato tots.
  • Non-chicken vegan bites.
  • Vegan cheese potation tots with jalapeno.
  • Garlic sticks with four cheeses.
  • Cheesy potato tots with bacon.
  • BBQ chicken wings.
  • Plain roasted chicken wings.
  • Bacon cheese sticks.
  • Hot buffalo wings.
  • Chicken poppers.
  • Hot Piri Piri chicken poppers.

Desserts

  • Cinnamon scrolls.
  • Chocolate scrolls.
  • Giant double chocolate brownie.
  • Giant choc chip cookie.

No Win No Fee Allergic Reaction Claim Against Papa John’s

Something that often stops people from claiming compensation is the amount legal representation will cost them. Solicitors are not compulsory but they have the capabilities, experience and qualifications to ensure your claim is filed correctly, as once you complete your claim you cannot go back and ask for more. That reduces your financial risks while still giving you access to experienced legal support.

The solicitor will need to verify the suitability of your claim before proceeding. So, if they accept your case, and you are happy to continue, you’ll be provided with a Conditional Fee Agreement (CFA). The CFA will show what conditions must be met before your lawyer is paid. Furthermore, it will show that:

  • Firstly, no money needs to be paid to your solicitor before the case begins.
  • Secondly, you won’t be asked to pay solicitor’s fees while your claim is ongoing.
  • And, finally, in the event your claim doesn’t succeed, you won’t have to pay solicitor’s fees at all.

If your claim is won, and you are paid compensation, your solicitor will deduct a percentage of your compensation called a success fee. The success fee percentage you’ll pay is listed in the CFA so you are aware of it before you begin your claim. By law, success fees are capped to stop overcharging.

Want to know if you could use a No Win No Fee agreement to fund your case? If so, please call an advisor today.

Talk To An Advisor

Thanks for visiting today and reading this guide. If you are unsure if you could make an allergic reaction claim against Papa John’s, we are here to help. For free legal advice on your options, you can:

  • Call our team today on 0161 696 9685.
  • Use our online form to tell us about how you have suffered.
  • Use live chat to discuss your case with an online advisor.

When you get in touch, your case will be reviewed on a no-obligation basis by an advisor. If they believe you have a valid claim, they could connect you to a personal injury solicitor

Related Claims Guides And Resources

You are almost at the end of this guide about allergic reaction claim against Papa John’s. Therefore, in this section, we will supply links to resources that might be helpful to you. Please get in touch if you require free legal advice about any aspect of your claim.

Eating Out – Advice from a UK charity about how anaphylaxis sufferers can reduce the risk of eating out.

NHS Address Lookup – Useful if you need to obtain copies of your medical records during a personal injury claim.

Food Crime – Detailed information on what constitutes food crime from the Food Standards Agency.

To show how else we might be able to help you in the future, we have listed some more of our guides below.

Worker’s Rights – Details on your rights if you are injured in a workplace accident.

Car Accident Liability – Details on what you can do to try and prove who caused a road traffic accident.

Medical Negligence Claims – Free advice on when you could claim for medical negligence that has caused you to suffer.

FAQs People Also Ask About Food Allergies

Finally, we have tried to answer some commonly asked questions about food allergies. As we are not medical experts, you should contact your GP or NHS 111 if you are concerned about food allergy symptoms. In cases of anaphylactic shock call 999.

What are the symptoms of casein intolerance?

Casein is a protein found in milk. If you are intolerant you might suffer symptoms like eczema, fatigue, flatulence, digestive upsets, joint pain and adult acne.

How can you tell if you have a food allergy?

If you suspect that you have a food allergy, your GP may refer you for testing. This can involve skin prick testing.

What are the symptoms of being allergic to cheese?

Allergic reactions to cheese (and other dairy products) can result in symptoms such as hives, swelling of the lips and face, wheezing, trouble swallowing as well as tightness in the throat.

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Published by AL.