If you’re a fan of Asian food, you may well have sat down to eat in a branch of Wagamama. They sell curries, ramen, noodles and Kokoro bowls inspired by oriental flavours. If it is your first time eating in a Wagamama, and you have a food allergy, you will probably be vigilant when checking the ingredients in your meal. Luckily, laws are in place meaning allergen information should be easily accessible. This article will examine what could potentially determine an allergic reaction claim against Wagamama. Additionally, we will explain what types of negligence could result in an allergic reaction claim and show you how much compensation could be paid.
Advice.co.uk can help if you are considering making a personal injury claim. Our team supply free legal advice during a telephone assessment of your case. You are not obliged to claim but if your case appears to be feasible, we could refer you to a personal injury solicitor from our panel. To make your claim less stressful, they will provide a No Win No Fee service if the case is accepted.
We are ready to help if you would like to start a food allergic reaction claim. To start the ball rolling, please call our team on 0161 696 9685 today. Alternatively, you can read the rest of this article to learn more about the compensation amounts that could be paid for the suffering caused by an allergic reaction.
Select A Section
- A Guide To Allergic Reaction Claim Against Wagamama
- Calculate Compensation For An Allergic Reaction Claim Against Wagamama
- How Special Damages Are Awarded For Allergic Reactions
- What Is An Allergic Reaction?
- Does A Restaurant Have To Show Allergy Warning Information?
- Negligent Practices In Food Preparation
- What Are The Allergens I Could Ask To Be Removed?
- How Allergic Reactions Could Affect You
- Could I Claim If I Didn’t Tell The Restaurant About My Allergy?
- Statistics On Food Allergies
- Check Wagamama Menu UK
- Making A No Win No Fee Allergic Reaction Claim Against Wagamama
- Contact Our Specialist Team
- Related Claims Guides
- Frequently Asked Questions About Allergy Claims
A Guide To Allergic Reaction Claim Against Wagamama
When you eat at Wagamama, things are a bit different to other restaurants. Inspired by Japanese Ramen bars, small or large groups sit side by side on long benches. The aromas coming from the kitchen often whet your appetite before you’ve even read the menu. However, you can’t decide on your meal based on the smell alone, especially as an allergy sufferer. That’s why there needs to be clear information about allergens listed somewhere within the restaurant.
As well as looking at the laws surrounding the advertising of allergens, we’ll look at different types of negligence that could cause you to suffer. We’ll also provide some statistics about food allergies.
If you are considering a claim, our advice is to take on legal representation. We believe that by doing so, you will give yourself a better chance of being properly compensated. Also, we should tell you that, in general, there is a 3-year time limit to make a claim which will usually commence from the date of your allergic reaction.
We suggest that it’s better to begin your claim as soon as you can. That’s because there is a fair chunk of work required before you can submit your claim including gathering evidence to support your claim.
Once you have completed our article about an allergic reaction claim against Wagamama, please call if you have any questions. Our team can provide free advice and could connect you with a No Win No Fee personal injury solicitor from our panel.
Calculate Compensation For An Allergic Reaction Claim Against Wagamama
Before we move on to look at how a restaurant might be liable for an allergic reaction, let’s look at potential compensation figures. It is pertinent to point out that levels of suffering vary widely from case to case so please use the figures we supply here as guidance only. The figures we provide are not based on a company. They are based on ”Non-traumatic Injury” figures supplied in the JCG.
The figures we have listed in our compensation calculator table are taken from the Judicial College Guidelines. This a document that will be used by legal professionals when putting monetary values on injuries.
|Claim||Settlement Range||Additional Comments|
|Allergic reaction Claim||Up to £3,710||Generally, these cases will involve varying degrees of discomfort lasting for no more than a couple of weeks.|
|Allergic reaction Claim||£3,710 to £8,950||The cases in this range may involve a couple of days in hospital. Most symptoms will last a couple of weeks but full recovery could take up to a year or two.|
|Allergic reaction Claim||£8,950 to £18,020||Short-lived but serious problems that reduce over a two to four week period. Some problems will remain that affect bowel function or enjoyment of food that can last for more than a few years.|
|Allergic reaction Claim||£36,060 to £49,270||Cases that result in severe toxicosis and cause acute vomiting, pain, diarrhoea and fever. Further complications will have a significant detrimental effect on the enjoyment of life and ability to work.|
The most important factor used to determine how much compensation is paid is the severity of your injuries. Therefore, during the claims process, you are required to have a medical assessment. This will be conducted by an independent specialist. It should be held locally.
During the appointment, the specialist will examine you, ask questions and review any medical records they’ve received. Once finished, they will write a report to explain how you have suffered. Furthermore, they will offer a prognosis for the future which your personal injury solicitor may need to factor into your claim.
How Special Damages Are Awarded For Allergic Reactions
In the previous section, the compensation that we discussed was called general damages. That is designed to cover the pain, suffering and loss of amenity caused by your allergic reaction. In addition, your claim may also include an element to cover any costs you’ve incurred. This part of the claim is known as special damages.
As before, each claim is different but special damages could include:
- Medical costs. You will usually receive free medical treatment from the NHS to aid your recovery. However, a claim might still be needed to cover the cost of prescriptions, other medications and non-NHS services.
- Travel expenses. When visiting your GP, a pharmacy or a hospital, you might accrue expenses like fuel costs, public transport fares or parking fees. These costs could all be added to your claim.
- Care costs. During your recovery, you might need somebody to help with daily tasks. If that’s true, you could claim back any associated costs. For many people, this might mean working out an hourly rate to cover the time a loved one spent supporting you.
- Lost earnings. Should you need time off from work to recover, it’s possible that you might lose some of your pay. If that’s the case, the lost income could be claimed back.
- Modifications to your home. In more serious cases, you may need to adapt your home to help you cope with a disability caused by an allergic reaction. In these cases, you could include the cost of the work in your claim.
- Future lost income. Again, for more serious cases, if your ability to work is reduced for the long term, you could seek future lost earnings in your claim too.
What Is An Allergic Reaction?
We will look at what harm can result from a reaction to food later on. In terms of claiming compensation, you will need to prove that:
- The restaurant owed you a duty of care (this is always the case if you are a customer).
- That a negligent act occurred.
- As a result of the negligence, you suffered an allergic reaction.
The types of negligence that could cause an allergic reaction is something we’ll cover in more detail shortly. However, examples include using the wrong ingredients, not displaying allergen information or cross-contamination because of poor food preparation techniques.
If you suspect that you had a reaction because of negligence, please let us know. We will review your case for free and explain your options. If your case is suitable, we could appoint a No Win No Fee solicitor from our panel.
Does A Restaurant Have To Show Allergy Warning Information?
To reduce the risk of allergic reactions, food businesses must identify certain allergens that are contained in their products. There are a number of ways this can be achieved. They include:
- Listing allergens on a restaurant’s menu.
- Using signs or notice boards to point customers to a website containing allergen information.
- Staff advising customers about the allergens when asked.
- Listing allergens in bold, underlined or different coloured text on food packaging.
In some cases, where food is prepared in an area where allergens are used, the use of “may contain” messages may be required even if a product’s ingredients don’t include an allergen.
If an allergen is listed on a menu in a restaurant, you could ask for it to be removed. However, the restaurant can refuse to fulfil your request. If they do agree, though, but you suffer a reaction because the allergen wasn’t removed properly, you could go on to make a claim.
In these cases, it would be a good idea to keep hold of any receipt that shows your bespoke request. Furthermore, details of anybody who heard you make your request could help substantiate your allegations too.
Negligent Practices In Food Preparation
In this section, we will briefly explain what a restaurant could do wrong that might lead to you claiming an adverse food reaction. They include:
- Not using the correct ingredients when preparing food.
- Failing to comply with safety procedures during food production leads to cross-contamination.
- Staff failing to provide the correct information when asked about allergens.
To make a claim for an allergic reaction against a restaurant you must have clear evidence that they caused your reaction through their negligence. If you would like more information on your eligibility to claim, please call today.
What Are The Allergens I Could Ask To Be Removed?
It would not be practical to tell food businesses to list every known allergen that is used in their products. However, by law, they must provide details of the 14 main allergens.
These are tree nuts, sulphites (and sulphur dioxide), molluscs, soybeans, milk, lupin, sesame, peanuts, eggs, fish, mustard, crustaceans, celery and cereals that contain gluten.
If information about the presence of these allergens is not easily accessible, you could suffer an allergic reaction. Why not call today for a free review of your case so you can decide whether to proceed or not?
How Allergic Reactions Could Affect You
Allergic reactions to food result from a mistake by the body’s immune system. When you consume certain ingredients, a defence mechanism kicks in to protect you from the ‘danger’. The release of antibodies is what causes the symptoms of a reaction. While many cases are mild and don’t last too long, some are a lot more serious and longer-lasting.
The most common symptoms of an allergic reaction to food, according to the NHS, include:
- Swelling of the lips, tongue, the roof of the mouth, around the eyes and of the face.
- Hives – a red raised itchy rash.
- Nausea and vomiting.
- A sensation of itchiness inside the ears, throat or mouth.
More serious reactions are known as anaphylaxis. This condition can be life-threatening and sometimes fatal. Unfortunately, cases of deaths caused by anaphylaxis are what you may have seen in news reports.
The main symptoms of anaphylaxis include:
- Trouble speaking or swallowing.
- Difficulty breathing.
- Feeling faint or dizzy.
If anaphylaxis is suspected, you should call 999 immediately.
Could I Claim If I Didn’t Tell The Restaurant About My Allergy?
In law, there is no obligation on you to tell a restaurant about your food allergy. It may be a good idea to inform staff, but you could still claim compensation if you didn’t.
That’s because the legal obligation is on food businesses to inform you about allergens present in their products. Whether that be on the menu, notice boards or on their website, the information needs to be easily accessible.
Therefore, if you were given wrong information about allergens in your food, and you suffered an allergic reaction as a result, you could still be eligible to claim whether you highlighted your allergy or not.
Statistics On Food Allergies
In this section, we are going to share some data relating to food allergies from the Food Standards Agency. In the 5th report from the Chief Scientific Advisor, it was revealed that:
- Up to 2% of adults have some type of food allergy. In the Food and You survey, 4% of adults believed they had a food allergy.
- In children, that figure rises to between 5 and 8%.
- At least 1 in 100 people suffer from coeliac disease.
Check Wagamama Menu UK
For your information, we have added some of the items on the current Wagamama menu below:
- Firecracker chicken.
- Hot vegatsu.
- Firecracker prawn.
- Chicken raisukaree.
- Hot yasai katsu curry.
- Miso-glazed cod ramen.
- Chilli sirloin stake ramen.
- Chilli prawn and kimchee ramen.
- Shirodashi ramen.
- Chicken ramen.
- Teriyaki salmon soba.
- Teriyaki sirloin steak soba.
- Yasai yaki soba.
- Ginger chicken udon.
- Yasai pad thai.
- Yaki udon.
- Teriyaki chicken donburi.
- Grilled duck donburi.
- Teriyaki beef donburi.
Making A No Win No Fee Allergic Reaction Claim Against Wagamama
Something what concerns many people about starting a claim is losing money paid in legal fees if the claim is lost. We advise anyone thinking of making any personal injury claim to use legal representation. You could use a solicitor that offers a No Win No Fee arrangement. This means you get access to legal help without paying an upfront solicitor charge.
Before offering this service, the solicitor will need to check if your claim is suitable. If they agree to work for you, following a review, they’ll provide you with a Conditional Fee Agreement (CFA). This explains clearly what the solicitor will need to achieve if they are to be paid. It will also explain that:
- You don’t pay any solicitor’s fees upfront.
- Your solicitor won’t bill you while the claim proceeds.
- If the claim is not successful, you don’t pay the solicitor’s fees at all.
Where a claim ends with a positive result, your solicitor’s work will be paid for by a success fee. This forms a percentage of your compensation. The amount you’ll pay, which is capped by law, is listed in the CFA so you will know about it before you sign the contract.
Contact Our Specialist Team
Thank you for visiting our site today. We hope our guide about an allergic reaction claim against Wagamama has been helpful. If you are ready to start a claim, you can get in touch by:
For your convenience, we’re here 24-hours a day. You’ll be offered a no-obligation review of your case along with legal advice on your options. Remember, if your case is accepted, a solicitor from our panel could represent you on a No Win No Fee basis.
Related Claims Guides
As you have almost completed this guide about how a Wagamama allergic reaction could potentially occur, we have added some additional resources that you might find helpful.
Anaphylaxis Campaign – This UK charity has been supporting those at risk from severe allergic reactions for over 25-years.
Food Intolerances – An NHS article that shows how food intolerances differ from food allergies.
Hygiene Scores – Use this tool to find the latest hygiene ratings for restaurants and food businesses in your area.
To help you further, here are a few more of our articles:
Restaurant Allergy Claims – This guide offers a more generic look at why you might be compensated following an allergic reaction in a restaurant.
Allergic Reactions In Pubs – An article that looks at how pubs might be liable if you suffer an allergic reaction.
Supermarket Injury Claims – Advice on a claim might be possible if injured whilst in a supermarket.
Frequently Asked Questions About Allergy Claims
In the final section of this guide about allergy claims against Wagamama, we have answered some common questions. If you have any further queries, please call our specialists today.
Do I have a food allergy claim?
To claim compensation following an allergic reaction, you would need to show that a) the reaction was caused by the negligence of a food business and b) that you were made ill because of that negligence.
What if a child got sick?
Even though children cannot represent themselves legally, compensation claims are still possible. Using the litigation friend process, an adult can represent the child at any point before their 18th birthday.
Can I claim if I did not report an allergy?
Yes, you could claim compensation following an allergic reaction even if you didn’t tell staff about your allergy. That’s because there is no legal obligation for you to do so. Instead, the legal duty is on food businesses who must make it clear if their products contain (or might contain) allergens.
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