Suffering an allergic reaction after eating out can be frightening and painful. When you visit a restaurant, you expect that the food served will be safe and accurately labelled. Unfortunately, if staff give incorrect information or fail to follow allergy-safety procedures, a meal can quickly turn into a medical emergency.
This guide explains when you might be entitled to make an allergic reaction claim, how compensation is calculated, and what steps to take if you were affected.
Understanding Allergic Reaction Claims
A restaurant owes every customer a duty of care to provide food that is safe to eat. This duty also includes giving correct information about allergens contained in its dishes.
If a restaurant breaches that duty (for example, by failing to remove an allergen you asked to be excluded or by giving inaccurate advice) and you suffer a reaction as a result, you could have grounds for a claim.
To bring a successful allergic reaction claim, three things must be shown:
- The restaurant owed you a duty of care.
- It breached that duty through an act of negligence.
- You suffered illness or injury as a result.
If these conditions apply, you may be eligible to claim compensation for the harm and financial loss you experienced.
Common Causes Of Restaurant Allergy Claims
Allergic reaction claims can arise from a range of mistakes in food handling or customer communication. Negligence might occur if:
- Staff provide incorrect allergen information when asked.
- Menus or allergen notices contain inaccurate or missing details.
- Kitchen staff fail to prevent cross-contamination of ingredients.
- A chef forgets to remove an allergen you specifically asked to exclude.
- A meal is incorrectly labelled or served to the wrong customer.
Each of these examples can expose a restaurant to liability if a customer becomes ill as a result.
How Food Allergies Work
An allergy occurs when the immune system wrongly identifies a harmless substance as dangerous. The body releases chemicals such as histamine to fight it, which in turn cause allergic symptoms.
Reactions can vary from mild discomfort to life-threatening anaphylaxis.
Common symptoms include:
- Itchy, raised rash (hives)
- Red or watery eyes
- Swelling of the face, lips, tongue, or throat
- Tight chest, coughing, or wheezing
- Stomach pain, vomiting, or diarrhoea
- Loss of consciousness in severe cases
Immediate medical treatment should always be sought for serious symptoms, especially breathing difficulties or signs of anaphylaxis.
Common Food Allergens In The UK
Under UK law, there are 14 allergens that restaurants must highlight if they are used in food. These are:
- Celery
- Cereals containing gluten
- Crustaceans (such as crab or prawns)
- Eggs
- Fish
- Lupin
- Milk
- Molluscs (such as squid)
- Mustard
- Nuts
- Peanuts
- Sesame seeds
- Soya
- Sulphur dioxide (sulphites)
If you ask for a meal without one of these ingredients and the restaurant agrees, it must ensure the allergen is properly removed. Failure to do so could amount to negligence.
Food Labelling And Natasha’s Law
Food businesses in the UK must follow strict labelling rules. Since Natasha’s Law came into effect in October 2021, foods that are pre-packed for direct sale (PPDS) — for example, sandwiches made and packaged on the premises before being ordered — must list all ingredients clearly, with allergens emphasised in bold.
Restaurants also need to ensure that allergen information is easily accessible for non-prepacked or freshly prepared meals. This can be done through:
- Allergen menus, posters, or digital displays
- Accurate written or verbal advice from staff
- Clear ingredient labelling for takeaway or online orders
If a business fails to meet these requirements and you become ill as a result, you may have grounds for compensation.
What If You Didn’t Tell The Restaurant About Your Allergy?
Even if you didn’t specifically mention your allergy, you could still be eligible to claim. Restaurants are legally required to provide allergen information regardless of whether customers ask.
However, if you were aware of your allergy and knowingly ordered a dish containing that allergen despite clear warnings, you would not usually be able to claim.
Proving Negligence
Evidence is key to any successful allergic reaction claim. You should try to collect:
- A copy of the receipt or order confirmation.
- Photos of menus, signage, or packaging showing incorrect information.
- Details of any witnesses who heard you request an allergen-free meal.
- Medical records confirming your diagnosis and treatment.
- Correspondence or complaints made to the restaurant.
A solicitor can then help you organise this evidence to demonstrate that the restaurant breached its duty of care.
Compensation For An Allergic Reaction
Compensation in allergic reaction cases is generally split into two categories:
1. General Damages
This covers the physical and psychological suffering you experienced due to the reaction.
Factors influencing the amount include the severity of your symptoms, the treatment required, and how long recovery took.
The Judicial College Guidelines (JCG), which solicitors use to value personal injury claims, provide the following examples:
| Severity | Compensation Range | Example |
| Severe | £38,000 – £52,000 | Hospital stay for several weeks, long recovery period, or lasting health impact. |
| Serious | £9,500 – £19,000 | Serious reaction requiring hospital treatment but with eventual full recovery. |
| Moderate | £3,900 – £9,500 | Short-term hospital stay; symptoms resolve within a year. |
| Minor | Up to £3,900 | Mild rash or stomach upset lasting only a few days. |
These figures are indicative only — your actual award would depend on medical evidence and personal circumstances.
2. Special Damages
This reimburses the financial losses caused by your illness, such as:
- Lost earnings if you missed work
- Travel costs to hospital appointments
- Prescription and medical expenses
- Care provided by family or professionals
- Future financial losses if your recovery affects your ability to work
Keep all receipts, invoices, and wage slips to support these parts of your claim.
Time Limits For Making A Claim
In most cases, you have three years from the date of your allergic reaction to start legal proceedings.
For children under 18, the time limit begins on their 18th birthday, meaning a parent or guardian can claim on their behalf before then.
It’s best to begin the process as soon as possible — details and evidence are much easier to recall shortly after the incident.
How To Start A Claim
- Seek medical attention immediately.
Your health should always come first. Medical records will also form vital evidence for your case. - Gather evidence.
Collect receipts, photographs, packaging, and witness details. - Contact a specialist solicitor.
They can assess your situation, determine liability, and advise on the best course of action. - Consider a No Win No Fee arrangement.
This means you won’t pay your solicitor’s fee unless your claim succeeds, reducing the financial risk of pursuing compensation. - Attend a medical assessment.
Your solicitor may arrange an independent medical examination to document your symptoms and recovery. - Negotiate or pursue court action.
Many claims are settled without going to court, but your solicitor will be prepared to take further action if necessary.
Example Scenarios Of Negligence
To illustrate when a claim might arise, consider the following examples:
- Incorrect advice: You ask whether a milkshake contains peanuts and are told no. Later, you suffer a severe reaction because it does.
- Cross-contamination: A burger bun advertised as gluten-free is prepared on a surface that previously held regular bread, causing illness.
- Mislabelled food: A pre-packed salad lists no allergens but contains egg, resulting in an unexpected reaction.
- Failure to remove allergen: You request a dish without cheese due to lactose intolerance, but it is served with cheese nonetheless.
In each case, the restaurant’s failure to take reasonable precautions or provide accurate information could form the basis of a claim.
Food Allergy Statistics In The UK
Recent studies show the growing impact of food allergies across the country:
- Around 2 million people in the UK live with a diagnosed food allergy.
- 5–8% of children are affected, making them particularly vulnerable.
- Approximately 10 deaths each year are attributed to severe allergic reactions.
- 1 in 100 people suffer from coeliac disease, a gluten-related autoimmune condition.
These figures highlight why businesses must treat allergen safety as a serious public-health responsibility.
How Compensation Can Help
The effects of an allergic reaction extend beyond the immediate physical pain. You might face medical expenses, lost wages, and ongoing anxiety about eating out again. Compensation is designed to help you:
- Recover lost income and medical costs.
- Access counselling or therapy if the experience caused anxiety.
- Regain confidence and stability after a traumatic event.
While money cannot undo what happened, it can ease the financial strain and support your recovery.
Preventing Future Incidents
Even if you plan to pursue a claim, prevention remains vital. When eating out:
- Check menus and allergen boards carefully.
- Ask staff to confirm ingredients and cooking methods.
- Keep emergency medication such as an EpiPen close by if prescribed.
- If you suspect unsafe practices, report them to local authorities or environmental health officers.
Awareness and communication are key to preventing avoidable allergic reactions.
The Role Of A Solicitor
An experienced personal injury solicitor can handle all aspects of your case — from gathering evidence and assessing liability to negotiating compensation. They can also explain complex legal procedures in plain English, helping you feel confident throughout the process.
Most allergy-related claims are handled under No Win No Fee agreements, meaning there’s no upfront cost and no payment unless the case succeeds.
Final Thoughts
Eating out should be enjoyable, not dangerous. If you suffered an allergic reaction because a restaurant failed to follow allergen-safety laws or gave you incorrect information, you may be entitled to claim compensation.
With the right legal support, you can hold negligent businesses accountable and recover the financial and emotional losses caused by their mistakes.
In summary:
- Restaurants have a duty to provide safe, accurately described food.
- You can claim if negligence caused your allergic reaction.
- Compensation covers both pain and financial loss.
- There’s a three-year limit for most claims.
- A No Win No Fee solicitor can guide you through the process.