This guide has been designed to look at what is meant by an allergic reaction claim against Yo Sushi. There are different ways a person can suffer an allergic reaction at a restaurant. Not all allergic reactions will lead to a person being eligible to make an allergic reaction claim. However, if you have suffered a food allergic reaction at a restaurant because of negligent practices you may qualify for personal injury compensation
We have created this guide to explain what you may need to know to make an allergic reaction claim. Whether you’ve experienced symptoms of a peanut allergy, or your allergic reaction relates to another allergen, we hope this guide helps you. We’ve included information about what symptoms you could suffer when you have an allergic reaction. Also, what types of damages you could be eligible to claim. We explain how a No Win No Fee solicitor could assist with a claim. If you would like to benefit from free legal advice specific to your case, why not use the Live Chat feature on this page to get in touch. Or, you could call us on 0161 696 9685 if you’d prefer to get in touch by telephone.
Select A Section
- A Guide To An Allergic Reaction Claim Against Yo Sushi
- Restaurant Allergic Reaction Compensation Calculator
- Special Damages Awarded For Allergy Claims
- What Is An Allergic Reaction Claim Against Yo Sushi?
- Allergy Warning Information Which Should Be Displayed
- Negligence And Cross Contamination In Food Preparation
- All The Allergens Which You Could Ask To Be Removed
- What Are The Effects Of Allergic Reactions?
- I Didn’t Say I Have An Allergy, Could I Still Claim?
- Rates Of Allergies To Different Foods
- Check The Yo Sushi Menu
- No Win No Fee Allergic Reaction Claim Against Yo Sushi
- Speak To Our Team
- Related Guides
- Frequently Asked Questions
There are many people within the UK that have an allergic condition. While some are allergic to pets, and others to pollen, many of these allergy sufferers are allergic to ingredients that can be found in foods. Food allergy sufferers must therefore take care to avoid consuming certain allergens. This is to avoid the chance of having an allergic reaction. But what if an allergy sufferer takes all the relevant steps to avoid ordering food with allergens in, but a restaurant’s negligence causes them to consume an allergen? Would they have a legal right to claim compensation, and if so, how much could they receive?
In the sections below, we offer useful guidance on making an allergic reaction claim. We explain the different types of compensation you could be eligible for, and how to get help from a personal injury solicitor. In addition to this, we explain how restaurants could avoid customers having allergic reactions and what their legal responsibilities are towards such customers.
Are There Any Time Limitations?
The standard personal injury claims time limit for personal injury claims would usually be three years. The date the limitation period starts could be the date of the allergic reaction or the date you become aware that the restaurant has caused the reaction. However, there are some exceptions to this. Especially when claiming on behalf of a child. If you’re unsure as to how long you could have to make an allergic reaction claim against Yo Sushi, you can chat with our team at any time
When you make a personal injury claim, lawyers may calculate the compensation you receive based on the evidence surrounding your claim. Every claim is different. This is why a personal injury claims calculator would not be able to give you a precise answer on how much you would receive.
However, we know that sometimes, people looking to make personal injury claims like to get an idea of how much compensation they could receive before they go ahead. This is why we have produced the table below. It contains figures from the Judicial College Guidelines pertaining to injuries that could relate to allergic reactions. To assess the level of severity of your injury, you’d need to have an independent medical assessment during your claim. An independent medical expert would assess your injuries. Then write a medical report that could be used as evidence. Personal injury solicitors could use the report alongside the Judicial College Guidelines to hone in on a value for your suffering.
|Bracket for compensation
|Illnesses caused by non-traumatic injuries (iv)
|£860 to £3,710
|Injured parties could suffer varying degrees of disabling pain, cramps and diarrhoea over a period of days or weeks.
|Illnesses caused by non-traumatic injuries (iii)
|£3,710 to £8,950
|Injured parties could be in significant discomfort and hospital treatment may be needed. However, the injured party would recover completely within a 2-year period. The symptoms suffered could include fatigue, cramps, and an alteration of bowel function.
|Illnesses caused by non-traumatic injuries (ii)
|£8,950 to £18,020
|Injured parties could suffer serious poisoning symptoms, but these would be short-lived. The worst effects could diminish over 2-4 weeks, but there could be some disturbance of bowel function, and effects on the injured person’s sex life and enjoyment of food that could remain for a few years.
|Illnesses caused by non-traumatic injuries (i)
|£36,060 to £49,270
|Injured parties could suffer severe toxicosis. They could experience fever, severe pain, diarrhoea and could need hospital treatment for some days or even weeks in some cases. The injured party could suffer continuing symptoms that could affect their enjoyment or life and ability to work.
|An injured party could fear their impending death, or the reduction in their life expectancy.
We illustrated the compensation you could receive for your physical/psychological injuries in the above section. But what other compensation could make up your personal injury settlement?
This is the compensation you could receive for what is known as non-pecuniary damages. They have no definitive price tag, and could include psychological and physical injuries, as well as any loss of amenity they cause you.
These are the pecuniary damages. This means that they are quantifiable financial expenses. You would need to provide evidence of these costs and losses to claim for them. Bank statements and bills could be useful in doing so. We offer some examples of special damages below:
While most NHS services are free at the point of access, this does not mean you would not incur medical expenses due to your allergic reaction. An allergic reaction claim could include the cost of prescription medicines, counselling or other medical costs.
If you needed care at home due to your allergic reaction, this may mean you incur costs. You could include these within your claim.
If trips to see your lawyer or for medical appointments cost you money, you could recoup such expenses through special damages.
Loss Of Earnings
If you have been off work recovering from your allergic reaction, you may have lost out on income as a result. If so, you could claim for such a loss. This could include any bonuses or regular overtime you’ve missed out on.
An allergic reaction happens when a person’s body mistakenly perceives something as a threat. The resulting immune system response is what causes the symptoms of an allergic reaction. There are lots of allergens that could affect people. Common allergies could include:
- Milk allergy
- Nut allergy
- Egg allergy
- Wheat allergy
- Fruit allergy
- Dairy allergy
- Soy allergy
- Seafood allergy
- Gluten allergy
- Lupin allergy
- Sulphur dioxide allergy
- Cereal allergy
- Shellfish allergy
- Mustard allergy
- Celery allergy
- Fish allergy
If you know you have a food allergy, you could take time to read an allergy menu or ask serving staff for allergen free or suitable dishes for your needs. You could also ask restaurant staff to modify dishes for allergies. While they do not have a legal duty to change a dish for allergy sufferers, they could attempt to do so. They should always confirm if an allergen can’t be taken out, however, so you don’t consume it unknowingly.
When Could I Make An Allergic Reaction Claim Against Yo Sushi?
Restaurants have a responsibility to ensure that they adhere to food safety laws, and that they do not knowingly serve food that could cause harm to health. They also have a duty to inform you of certain allergens in your food, so you could choose foods that are safe for you to eat.
To claim compensation, you’d need to prove:
- The restaurant had a duty of care to you as a customer
- They failed in that duty
- Their failure caused your allergic reaction.
In accordance with the law, restaurants must warn diners if certain allergens are present in their dishes. Guidance on this, suggesting that restaurants could:
- Compile all relevant food allergen information and display it on a chalkboard, on a menu, or put it in an information pack
- Write visible notices explaining how customers can find the allergen information on its dishes
If a staff member at a restaurant communicates allergen information to a customer verbally, they should ensure it is consistent and accurate.
What If Something Goes Wrong?
If a restaurant fails to warn customers of 14 specified allergens in its foods, it could be in breach of food safety laws. They could face an investigation by the local authority and possible enforcement action. In addition to this, they could also be held liable for damages if someone suffers an allergic reaction because of their negligence.
The Food Safety Act 1990 and the Consumer Protection Act 1987 are two pieces of legislation that restaurant owners/operators need to adhere to. Those who suffer loss, damage or personal injury due to a restaurant’s breach of their duty towards their customers, could claim compensation from the restaurant. Possible breaches of duty could include;
- The restaurant’s allergy menu isn’t accurate, leading to an allergic reaction when you consume an allergen that isn’t listed
- A restaurant cross-contaminates your food with an ingredient you asked to be left out of your meal
- Members of staff ignore or fail to comply with a request to leave an allergen out of your food, and don’t tell you, leading to a reaction
If you’re not sure whether a restaurant has been negligent, we could help. If you call us, or use the Live Chat function on this page, we could talk to you about your case and offer free legal advice.
It sometimes is not possible for restaurants to leave out the ingredients you have requested. If they could swap out an ingredient, they should attempt to do so. However, if they cannot, they must inform you of this so that you could opt for another dish.
If you’ve read the Yo Sushi allergy menu, and you believe a dish could be prepared without an ingredient, you could request a dish with no cheese, no tomatoes, no milk, no oats, no wheat or no eggs. You could even request no nuts, no fish or no milk, for example. If your request cannot be met the server should inform you.
There are different types of reaction allergy sufferers could experience, including:
Non-IgE-mediated reactions – Symptoms of these types of reaction could present hours or even days after consuming an allergen. They could include cramping, constipation, vomiting and red, itchy skin.
IgE-mediated reactions – Symptoms of these types of reaction could appear more quickly than with non-IgE mediated reactions. They could include dizziness, shortness of breath and wheezing. Some sufferers could experience swelling in the throat, mouth, face or body, hives and difficulty swallowing. Others could experience abdominal pain, or diarrhoea, or any mix of these symptoms.
Anaphylaxis is a severe, sometimes life-threatening allergic reaction. It is a medical emergency and requires urgent treatment as, if left untreated, it could be fatal. Symptoms of anaphylaxis could include collapsing, a tight chest, difficulty breathing and swallowing, and a swollen tongue.
Treatments For People With Allergies
There are different treatments that people with allergies might need if they have a reaction. Depending on the severity and type of reaction, treatment could include antihistamines, anti-inflammatory medicines, steroids, and topical ointments. Those who experience anaphylaxis may require adrenaline, which could be issued by injection. Some people that have nut allergies or other severe allergies are given an epi-pen in case they suffer a reaction for them to receive life-saving treatment if they need it.
You are not required to tell a restaurant about your allergies. Although this would be a good idea so that they may be able to offer you some further help. As we mentioned, there are 14 specific allergens that restaurants are required by law to inform you of, which are:
- Cereals that contain gluten
- Tree nuts
- Sulphur dioxide/sulphites
If a restaurant doesn’t inform you of foods containing these allergens and you suffer an allergic reaction, you could potentially make a claim against the restaurant.
According to Anaphylaxis Campaign, approximately 1-2 UK adults has a food allergy. They also report that 5-8% of UK children suffer from food allergies, which equates to around 2 million people. However, these figures don’t include those with food intolerances. Statistics also reveal that around 10 per cent of children and adults under 45 have 2 or more allergies, and the figures for hospital admissions due to allergies appear to be on the rise. In 2018/19 alone, there were 5497 hospital admissions relating to anaphylaxis, with 33,904 admission due to allergic reactions. The figures for 2015/16 were significantly lower, with 4479 anaphylactic admissions and 25,167 admissions for allergic reactions.
The menu could be subject to change.
- Avocado Maki
- Beef Teriyaki
- California Temaki
- Beef Teriyaki Rice Bowl
- Chicken Gyoza 5 Piece
- Beef Teriyaki Rice Bowl Large
- Chicken Gyoza
- Chocolate Brownie
- Chicken Katsu Curry Gyoza
- Chocolate Mochi
- Crunchy California Roll 6pc
- Chicken Katsu
- Crunchy California Roll
- Chicken Katsu Curry Gyoza
- Crunchy Prawn Roll
- Chicken Katsu Curry
- Cucumber Maki
- Curry Chicken Ramen
- Chicken Katsu Curry Large
- Prawn Gyoza
- Curry Dipping Sauce
- Dorayaki Pancake
- Dragon Roll
- Dynamite Roll
- Pumpkin Katsu Curry
- Fresh Fruit Plate
- Salmon Ponzu Salsa Sashimi
- Green & Beets Mini Roll
- Inari Taco
- Japanese Fried Chicken
- Salmon Maki
- Kaiso Seaweed
- Prawn Katsu
- Korean Fried Chicken
- Miso Soup
- Mixed Maki Plate
- Salmon Sashimi
- Popcorn Shrimp
- Salmon Selection Platter
- Prawn Katsu Curry
- Pumpkin Katsu
- Salmon & Avocado Temaki Hand Roll
- Salmon Nigiri
- Shiitake Mushroom Ramen
- Spicy Chicken Katsu Roll
- Strawberry Cheesecake
- Spicy Pepper Squid
- Spicy Seafood Ramen
- Tuna & Avocado Tartare
- Yasai Temaki
- Spicy Tuna Roll
- Mochi Takoyaki
- Spicy Chicken Katsu Roll 6pc
- Tuna Nigiri
- Tenderstem & Sesame
- Tuna Sashimi
- Vegetable Gyoza
- Yasai Roll
- Hand Roll YO! Fries
- YO! Fries Vegan
If you’re now looking for a personal injury solicitor to help you with an allergic reaction claim against Yo Sushi, you might be pleased to learn that you could use a solicitor that offers No Win No Fee terms. Working with a No Win No Fee personal injury solicitor means you wouldn’t have to pay legal fees until your compensation comes through.
- No Win No Fee agreements operate under a Conditional Fee Agreement. Your solicitor would send you this agreement prior to starting work on your case. You’d need to sign it and return it to your solicitor for them to begin work. The agreement sets out a success fee which you would pay to your solicitor out of your payout. The success fee would be a small percentage of your total payout and is subject to a legal cap.
- When you’ve signed and returned the agreement, your chosen solicitor could start work on your claim. They could negotiate a settlement for you directly with the restaurant and its solicitors. If they refused or disputed your claim, you may need to go to court. Your chosen lawyer would support you through this process.
- Once your compensation payout comes through, your solicitor would deduct the success fee from it. The rest would benefit you.
What Happens If My Allergic Reaction Claim Against Yo Sushi Fails?
If your lawyer couldn’t manage to get you any compensation, you would not pay the success fee. Nor would you need to cover the costs your lawyer incurred when pursuing your case. To read more about No Win No Fee solicitors, why not look at this guide.
Are you wondering if you have an allergy claim against Yo Sushi? Or perhaps you have questions about making such claims and would like free legal advice. Either way, you can reach our team by:
Claiming Against A Restaurant– We have produced some general free legal advice on restaurant claims here.
Can I Claim For Food Poisoning?– If you’ve suffered symptoms of food poisoning, this guide could offer you free legal advice to help you decide whether to claim.
Claiming For A Minor– If you want to claim on behalf of a child, this guide could be useful.
Court Cases Relating To Allergies– You can read about some allergy cases here.
How Can You Treat Allergies?– Allergy treatments are explained on the NHS website.
Your Child And Allergies– If a child you care for has allergies, this resource could be useful.
How Do Restaurants Deal With Food Allergies?
They should list allergens on a menu, on their website, or in a separate allergy menu. In addition to this, they should properly train staff on how to deal with allergies. To avoid cross-contamination they should have procedures in place to separate ingredients and should ensure clean utensils are used when preparing allergen-free food.
Can You Sue A Restaurant For Allergic Reaction?
In general terms, you could take action against a restaurant for an allergic reaction if:
- The restaurant has been negligent in informing you of allergens within your food
- They have failed to remove an ingredient you’ve requested to be left out, and not told you
- The allergen information you were given was incorrect
- Your food was cross-contaminated with an allergen you’d asked to be left out of your food
Do Restaurants Have To Provide Allergen Information?
By law, restaurants must inform you if any of the 14 specified allergens are contained in their dishes.
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