In this article, we are going to examine the concept of an allergic reaction claim against Five Guys. Within it, we aim to provide you with a basic understanding of what makes a valid claim and how compensation is calculated.
You might not find the answer to every question you have in this guide. However, we could still help you regardless. All you have to do is reach out to our claims team on 0161 696 9685. They can give free legal advice, and are available 24/7.
What’s more, if you have evidence of a valid claim, they can connect you with our panel of solicitors who work on a No Win No Fee basis.
Select A Section
- What Is An Allergic Reaction Claim Against Five Guys?
- How Do You Calculate Compensation For An Allergic Reaction In Five Guys?
- Further Special Damages Awarded For Allergic Reactions
- Could You Make A Valid Allergic Reaction Claim Against Five Guys?
- How Must Allergy Information Be Displayed By Law If Asked For?
- Negligence In Food Preparation
- The Common Allergens You Can Request Removed From A Dish
- Checking Your Eligibility To Make A Claim
- Rates Of Food Allergies In The UK
- No Win No Fee Allergic Reaction Claim Against Five Guys
- Talk To An Advisor
- Frequently Asked Questions About Food Allergies
What Is An Allergic Reaction Claim Against Five Guys?
In order to make any valid personal injury claim, you need to prove that:
- A third party owed you a duty of care; and
- They breached that duty, causing an incident; and
- You were injured as a result of that incident.
Restaurants owe customers a duty of care to not only provide a safe environment but also to provide food that is safe for them to consume.
If you have an allergy that you’re aware of, you should be able to eat at a restaurant safely, as long as no mistakes are made, and you make wise ordering choices. This guide will look at what could happen if things go wrong and you suffer an allergic reaction due to a restaurant’s negligence.
We consider how you may be able to use a personal injury solicitor to help you to make a compensation claim under a No Win No Fee agreement.
Get More Help And Advice
We understand that many people feel more comfortable talking with a real person. If you are one of these people, we have you covered. You can use the telephone number at the end of the page to reach our advisors. They can provide you with critical information such as the personal injury claims time limit in which to begin a claim. If you have evidence of a valid allergic reaction claim against Five Guys, why not get in touch?
How Do You Calculate Compensation For An Allergic Reaction In Five Guys?
Each claim is different so calculating compensation for allergic reaction claims is based on the unique aspects of each claim. In a successful claim, you can seek compensation for general damages and (possibly) special damages.
General damages compensate you for the physical and mental injuries you suffered due to a third party’s negligence. For instance, it can take into account:
- The pain and trauma at the time of the allergic reaction, or whilst receiving emergency treatment.
- Suffering caused by invasive or traumatic treatment.
- Long-term or even permanent disabilities.
- Psychological damage, such as post-traumatic stress disorder, anxiety or depression.
Special damages compensate you for financial losses associated with your injuries.
The compensation table below gives some illustrative figures for various injuries an allergic reaction could cause. We took these figures from the Judicial College Guidelines (JCG). The JCG is a publication solicitors may use to help when valuing personal injury claims.
|Problem with Health||How Bad?||More Info||Possible Compensation|
|Illness/Damage Resulting from Non-traumatic Injury||(i) Severe toxicosis||Causes acute pain and requiring hospital admission for days or weeks. Significant impact on the ability to enjoy life.||£36,060 to £49,270|
|Illness/Damage Resulting from Non-traumatic Injury||(ii) Serious but short-lived||Diminishes over 2 to 4 weeks with some remaining discomfort and disturbance of bowel function.||£8,950 to £18,020|
|Illness/Damage Resulting from Non-traumatic Injury||(iii) Causes significant discomfort||Admitted to hospital for days but, within 1 to 2 years there's a full recovery.||£3,710 to £8,950|
|Illness/Damage Resulting from Non-traumatic Injury||(iv) Varying degrees of disabling pain, cramps, and diarrhoea||Occurs for days or weeks.||£3,710 to £8,950|
|Psychiatric Damage||Mental Anguish||Fear of oncoming death.||£4,380|
|Post-Traumatic Stress Disorder (PTSD)||Severe||A very poor prognosis.||£51,460 to £108,620|
|PTSD||Moderately Severe||The prognosis is more optimistic than above.||£17,900 to £51,460|
|PTSD||Less Severe||This award varies depending on factors such as how much sleep and daily activities were impacted.||Up to £5,500|
Further Special Damages Awarded For Allergic Reactions
Special damages help you recover the costs associated with your injuries. For example, this can include:
- Travel expenses (to and from the hospital, for example).
- Loss of earnings. For instance, you may have taken time off work while you recovered, without full pay.
- Loss of potential bonuses due to taking time off work.
- Gracious care. Your family or friends may have looked after you. If so you could be compensated for their time.
- Medical costs. These would be costs that the NHS couldn’t cover, such as prescriptions, painkillers or therapy.
If you do intend to claim special damages, you will need to provide evidence. Without evidence of the financial losses, you can’t prove that they occurred or will occur. Documents such as invoices, receipts and bills can help to prove your losses.
Could You Make A Valid Allergic Reaction Claim Against Five Guys?
When you visit a restaurant and you know that you have a specific food allergy, you should take the proper precautions to avoid any food and drink that might trigger a reaction. If you are given the correct information and the restaurant staff don’t make a mistake, you should be safe to consume your chosen meal.
In order to make a valid claim, you’d need to show that the restaurant’s negligence (not yours) caused you injury.
For example, allergic reactions can occur due to a restaurant’s negligence if:
- You ask staff for food allergen information and they incorrectly advise you that the allergen isn’t in a dish. You then choose this dish and it causes you to suffer an allergic reaction.
- Written allergen information (on an allergy menu, for example) isn’t correct. Because of this, the dish you choose a dish that causes you to have an allergic reaction.
- There’s cross-contamination of allergens when the food is prepared. There isn’t any available warning of this. As a consequence, you consume a dish you think is safe, but it causes you to suffer an allergic reaction.
- You ask a staff member if an allergen can be removed from a meal. They advise you that this will be done. However, when the food is given to you, it still contains the allergen, which you then consume. It causes you to suffer an allergic reaction.
How Do Food Allergies Happen?
The human body is very resilient and our immune system is capable of taking drastic measures when our lives are in danger. However, it is not perfect. People with a food allergy have a condition where their immune system wrongly identifies a substance as harmful. Chemicals are then released to help the body, but they cause an allergic reaction.
In extreme cases, symptoms could be life-threatening in their own right. This is known as anaphylaxis.
Main Symptoms Of An Allergic Reaction To Food
If you suffer from a food allergy yourself, you are probably already aware of the main symptoms one could trigger. The symptoms of an allergic reaction can include:
- Red skin, that could be dry and cracked.
- Stomach cramps, sickness or diarrhoea.
- Swelling of the face, tongue, lips, or eyes.
- An itchy rash.
- Problems breathing, such as wheezing.
- Itchy and watery eyes.
- A runny or stuffed nose and sneezing.
- Unconsciousness or death in extreme cases.
In a worst-case scenario, the victim of a food allergy could need rapid emergency treatment to save their life.
Treating An Allergic Reaction To Food
After suffering an allergic reaction, your first priority should be to seek medical help. If your reaction is not too severe, you may be able to self-medicate. However, not only could seeing a medical professional be beneficial for your health, the entry in your medical records could be used as evidence if you go on to claim.
How Must Allergy Information Be Displayed By Law If Asked For?
Food businesses must provide written information about the allergen content of the food that’s provided for consumption. They must warn consumers if any of the main 14 allergens are in their food. The same holds true if you order online. The information must be readily available to you in written form. (We list the 14 main allergens in a section below.)
There are, however, different rules surrounding this for various food products. These products can be placed into one of three categories: pre-packed, pre-packed for direct sale and loose foods.
These foods are packed before they’re put on sale. The packaging should have a list of ingredients and if any of the 14 allergens are included in the list, they should be made more visible than the other ingredients. The allergens may be in bold font, for instance.
Pre-Packed For Direct Sale Foods (PPDS)
PPDS foods are packaged and sold on the same premises. This can include pastries or sandwiches, for example.
In October 2021, in Northern Ireland, Wales and England, Natasha’s Law came into force. The change in law means that PPDS foods now have to have a full ingredients list.
When food is packed and prepared on the same premises before the consumer orders it, it is also subject to this law.
However, food that’s packed after being ordered isn’t considered to be PPDS, so this law doesn’t affect it. For example, fast-food restaurants often package burgers and other foods after the customer has ordered them.
Food that’s sold via distance selling isn’t entirely affected by the law either. Distance selling food can be sold online or over the phone. However, even though they don’t need to provide an ingredients list, they should provide allergen information
- prior to the food being bought (over the phone or on the website’s menu, for example).
- at the time of delivery (via a menu in the packaging, for instance).
In addition, when you order a meal this way and you’ve advised the food business of your allergy (whether over the phone or online), the meal should be labelled clearly so you know what is safe to eat.
Loose foods aren’t prepacked and are provided in restaurants. In this scenario, the allergen information should be written, on a menu for example. It must be easy to access.
If you ask a server for allergen information, they should either provide it to you correctly or show you where you can access the correct allergen information.
If you have the evidence to make a valid allergic reaction claim against Five Guys, why not reach out to our advisors?
Negligence In Food Preparation
There are many ways that mistakes made during the food preparation process can lead to an allergic reaction. Some examples of this include:
- During the preparation of food, there is some form of cross contamination
- A mistake is made by a cook or chef, and the wrong ingredient is added to the food.
- Food is labelled incorrectly, meaning you are given something you should not have been given by mistake.
The Common Allergens You Can Request Removed From A Dish
There are 14 main allergens that food businesses have to warn consumers about. These are:
- Cereals that contain gluten
- Sesame seeds
- Sulphur dioxide (sulphites)
When you ask to have an ingredient left out of a dish, the restaurant doesn’t have to agree to this request. They can say no. But if they do agree to remove the ingredient, this must happen. If it doesn’t and your allergy is then triggered, this could be seen as negligence.
Checking Your Eligibility To Make A Claim
in order to make a valid food allergy compensation claim, you’d need to show that you suffered an allergic reaction due to the food business’ negligence.
If you suffered an allergic reaction at a restaurant for the first time, and you weren’t aware of your allergy, you wouldn’t be able to claim. The restaurant wouldn’t be expected to be able to reasonably protect your health and safety in this instance.
What’s more, if you were aware of your allergy and the correct allergen information was provided by the restaurant, but you chose a dish that contained the allergen anyway, you wouldn’t be able to claim if you had an allergic reaction as a consequence.
Rates Of Food Allergies In The UK
According to statistics from Anaphylaxis.org.uk:
- In the UK, 5-8% of children have a food allergy. This figure doesn’t include children with food intolerances.
- Parents of children with food allergies reported higher depression, stress and anxiety compared to parents of children without one.
Food allergy research has also shown that:
- Around 3% of the UK population have an IgE-mediated food allergy. Their allergic reactions are potentially life-threatening.
No Win No Fee Allergic Reaction Claim Against Five Guys
If you have a valid claim, you could access the services of a solicitor under a No Win No Fee agreement. What this essentially means is:
- You don’t need to pay any solicitor fee upfront or during the claim.
- If the claim fails, you don’t have to pay the solicitor their fee.
- If your claim is a success they’d take a success fee. This is a maximum percentage of 25% of the compensation and is capped by law.
You’d be made aware of the percentage of the success fee before agreeing to use the solicitor’s services. To find out more, why not get in touch?
Talk To An Advisor
If you have evidence of a valid allergic reaction claim against Five Guys, why not get in touch? Our advisors are available 24/7 and give free legal advice. They could also connect you with our panel of solicitors. However, you’d be under no obligation to proceed with these services if you choose not to.
These other websites all have information that you could find to be quite useful:
You can also read over these other guides:
Frequently Asked Questions About Food Allergies
Here are some answers to some of the common questions people have about allergy claims.
What are several common symptoms of food allergies?
Itchy rash, puffy eyes, stuffy nose, shortness of breath, and swollen eyes or nose are some of the more common symptoms suffered by a person whose food allergy has been triggered.
What happens if you keep eating food you’re allergic to?
Most people will not be able to keep eating a food they are allergic to, as their allergic reaction would get progressively worse. In a worst-case scenario, anaphylaxis could be the result. This is a potentially fatal medical condition.
If you have evidence to justify a potential allergic reaction claim against Five Guys, why not get in touch?
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