Have You Had An Allergic Reaction At A Chinese Restaurant?

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Suing An Chinese Restaurant For An Allergy

If you are looking to make a claim for compensation relating to an allergic reaction brought about by a Chinese restaurant or food retailer, we may be able to assist you. The lawyers at First Personal Injury are on-hand to discuss suing a restaurant for an allergy with you.

Call us on 0800 808 9740 or get in touch online.

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  • "Crystal was fantastic, she put my mind at ease when I was worried about my case and assured me that we would win the case."

    Anthony from Manchester

How Can I Claim For An Allergic Reaction At A Chinese Restaurant?

If an establishment fails to warn a customer of the 14 main allergies and they fall ill through an allergic reaction, then they can be held accountable. In order to prove liability you might have to demonstrate that:

  • The organisation didn’t display adequate allergy warnings
  • The food consumed contained a recognised allergen
  • The claimant consequently suffered an allergic reaction

It must be shown, if the reaction was not immediate, that the allergen was consumed at the specific restaurant and not at home or elsewhere.

Causes of an allergic reaction

Chinese restaurants have a duty of care to warn customers of potential allergy triggers within different options on the menu. When these triggers are not outrightly stated, this is when an allergic reaction will most likely occur. Symptoms of an allergic reaction can vary, but the most common are stomach pain, a red itchy rash, or facial and throat swellings. Triggers that are more frequently found in Chinese cuisine are:

  • Milk
  • Cheese
  • Fish
  • Crustaceans (prawns, lobster, crabs, crayfish)
  • Molluscs (clams, mussels, oysters, whelks, squid and snails)
  • Nuts (walnuts, hazelnuts, almonds, Brazil nuts, pecans, macadamia nuts, pistachio nuts)
  • Peanuts
  • Soybeans
  • Sesame seeds


I Didn't Tell The Restaurant Staff About My Allergy. Can I Still Claim?

Customers must be made aware of the 14 main allergens and this is a necessary requirement regardless of whether the customer makes them aware of any allergies. If your allergy falls into these, then your case will not be dismissed regardless of if you have informed the restaurant or not.

However, you should make the restaurant aware of your allergy if it does not fall into the main 14 allergy triggers. It is worth getting in touch with us anyway because sometimes customers who do not alert staff of their allergy can still bring a claim.


Chinese Restaurant Allergic Reaction Compensation Claims

Each allergic reaction claim can be different in terms of circumstances and severity. The amount you can earn from an Italian restaurant allergic reaction claim will depend on two different things.

GENERAL DAMAGES -

  • Life-changing injuries
  • Mental trauma
  • Pain and suffering due to the allergic reaction

SPECIAL DAMAGES -

  • Adaptions to the home
  • Medical expenses (inc. future medical expenses)
  • Loss of earnings
  • Loss of future earnings
  • Additional transport costs


HOW TO GET IN CONTACT WITH FIRST PERSONAL INJURY

At First Personal Injury Lawyers, our no win no fee solicitors have experience in all kinds of allergic reaction claims, including suing a restaurant for an allergy. If you feel you have a case for making an allergic reaction compensation claim, please call today to speak with our lawyers for expert advice. Our team will guide you through the legal process from start to finish and get you the result you deserve.