Visiting Caffè Nero for a relaxing coffee or a quick bite should always be a pleasant experience. However, for someone with a food allergy, it can sometimes turn into a distressing situation. If you’ve suffered an allergic reaction after eating or drinking at Caffè Nero, and it wasn’t your fault, you may be able to claim compensation. This guide will help you understand when you can make a claim, how the process works, and what kind of compensation you might receive.
Understanding Allergic Reactions and Your Rights
A food or drink allergy happens when your immune system reacts abnormally to a substance that is otherwise harmless for most people. Common allergens include milk, nuts, eggs, soya, shellfish, and gluten. Even a small trace of an allergen can cause a reaction in someone who is sensitive.
Symptoms can vary — some people may experience mild itching or rashes, while others may suffer from serious and life-threatening conditions like anaphylaxis, which can cause breathing difficulties and collapse. If you ever experience severe symptoms, call 999 immediately.
In the UK, restaurants, cafés, and food outlets like Caffè Nero have a legal duty of care to ensure customers are kept safe. This includes providing accurate allergen information, preventing cross-contamination, and handling customer requests regarding ingredients responsibly.
When Can You Claim Compensation for an Allergic Reaction?
You may be entitled to make a claim against Caffè Nero if the business or its staff were negligent. Negligence means that the outlet failed in its duty of care towards you, and that failure directly caused your allergic reaction.
Here are common examples of negligence that could lead to a valid claim:
- Incorrect allergen information – If the allergen list on the menu, website, or packaging was inaccurate or missing vital details.
- Failure to warn – If you told the staff about your allergy and they did not warn you that the item was unsuitable.
- Ignoring requests – If you specifically asked for an ingredient to be left out (for example, dairy milk replaced with soya) and the staff ignored or misunderstood your request.
- Cross-contamination – If your food or drink was contaminated with allergens during preparation due to careless handling.
If any of these occurred and caused you harm, you may be able to claim compensation for the suffering, medical treatment, and losses you experienced.
What to Do After Suffering an Allergic Reaction
An allergic reaction can be frightening, but it’s important to stay calm and take the right steps. These steps not only protect your health but also strengthen your legal claim later.
1. Seek Immediate Medical Attention
Your health comes first. Visit a hospital or GP as soon as possible to get proper treatment. Ask for copies of your medical records, prescriptions, and any test results — these will serve as key evidence for your claim.
2. Collect Evidence from the Scene
If possible, gather proof that your reaction was caused by the food or drink from Caffè Nero.
- Keep your receipt as proof of purchase.
- Take photos of the food, drink, and visible symptoms (such as swelling or rashes).
- Note down what you ordered and any allergy discussions you had with staff.
- Ask witnesses for their contact details if anyone saw what happened.
3. Report the Incident
Inform the café manager immediately and ensure they record the incident. This will create an official record that the business was aware of the event.
4. Contact a Solicitor Specialising in Food Allergy Claims
Once you are safe, speak with a personal injury solicitor who has experience in food allergy compensation claims. They can assess whether the café failed in its duty of care and help you build a strong case.
How to Prove Negligence in a Food Allergy Claim
To make a successful claim, you must show three key elements:
- Duty of care – Caffè Nero owed you a duty to ensure your food and drink were safe to consume.
- Breach of duty – The café breached this duty by acting carelessly (e.g., incorrect information or poor handling).
- Causation – The breach caused your allergic reaction and resulting harm.
Laws such as the Occupiers’ Liability Act 1957 and the Consumer Protection Act 1987 protect customers in situations like these. Under these laws, a restaurant or café can be held responsible if it serves unsafe food, mislabels ingredients, or fails to provide proper allergy warnings.
What if You Didn’t Tell the Staff About Your Allergy?
You might still be able to claim compensation even if you didn’t inform the staff about your allergy. UK law requires all food businesses to display written allergen information for the 14 most common allergens.
If a menu, label, or sign failed to highlight these allergens clearly, it may count as negligence. For instance, if a product contained nuts but there was no warning and you suffered a reaction, you could still have a valid claim.
However, being transparent about your allergies whenever possible can help you avoid such incidents altogether.
Common Allergies Seen in Food and Drinks
Many people in the UK suffer from food allergies. According to the Food Standards Agency, about 1–2% of adults and 5–8% of children have at least one allergy. Some of the most common food and drink allergens include:
- Milk and other dairy products
- Nuts and peanuts
- Wheat and gluten
- Eggs
- Soya
- Shellfish and fish
- Mustard and celery
- Sulphites and lupin
Even trace amounts of these substances can cause reactions, which is why cafés and restaurants must take extra care during preparation.
How Much Compensation Could You Receive?
Compensation for an allergic reaction depends on how serious the incident was and how it affected your life. You may be able to claim for both general damages and special damages.
General Damages
These cover the physical and emotional suffering you experienced. The table below provides a rough idea based on Judicial College guidelines:
| Level of Illness | Description | Typical Compensation |
| Severe illness | Hospital treatment required, lasting symptoms, long recovery period | £36,000 – £49,000 |
| Moderate illness | Shorter but serious illness causing pain and discomfort | £8,900 – £18,000 |
| Mild illness | Stomach cramps, diarrhoea, temporary symptoms | £3,700 – £8,900 |
| Minor illness | Short-lived sickness or discomfort | £860 – £3,700 |
(Figures are indicative and may vary depending on your individual case.)
Special Damages
These cover the financial impact of your reaction, such as:
- Medical costs for treatment or future care
- Travel expenses for appointments
- Lost earnings if you missed work
- Care costs if someone had to look after you
- Loss of enjoyment of life, for example missing out on activities due to your illness
A solicitor will calculate your compensation based on the evidence you provide, ensuring that both your suffering and financial losses are fairly valued.
How Long Do You Have to Make a Claim?
In most cases, you have three years from the date of the allergic reaction to start your claim. If the incident involved a child, the three-year period begins when they turn 18.
It’s always best to act quickly. Evidence can fade over time, and early legal advice gives you a better chance of securing a successful outcome.
What If the Food Was Ordered Online or via Delivery?
You can still make a claim even if the food or drink that caused the reaction was ordered for takeaway or delivered through apps like Uber Eats or Deliveroo. Caffè Nero’s duty of care extends to all its services, whether you dine in, collect your order, or have it delivered.
What matters is proving that their negligence (such as incorrect labelling, failure to warn, or cross-contamination) caused your allergic reaction.
Practical Tips to Stay Safe When Eating Out
Even though you have legal rights, prevention is always better than cure. Here are a few practical tips to reduce your risk when eating at coffee shops or restaurants:
- Check menus and websites – Most major brands, including Caffè Nero, provide allergen information online.
- Always tell the staff about your allergies clearly before ordering.
- Avoid pre-packed items if you’re unsure of their ingredients.
- Ask to speak to a manager if your request is not understood or taken seriously.
- Carry your medication, such as antihistamines or an EpiPen, if prescribed.
These simple precautions can help prevent dangerous mistakes and keep you safe.
Key Takeaway: You Have the Right to Safe Food
Caffè Nero and other cafés have a clear legal duty to keep customers safe by providing accurate allergen information and preventing contamination. If they fail to do this and you suffer an allergic reaction, the law is on your side.
You can claim compensation for your pain, suffering, and financial losses — especially if negligence or lack of care led to your illness. With the help of a qualified solicitor, you can take action and hold the business accountable.
Final Thoughts
Suffering an allergic reaction can be painful, frightening, and life-changing. But you don’t have to face it alone. UK law recognises the duty of businesses like Caffè Nero to act responsibly towards people with allergies.
If your health was affected because this duty was breached, you may be entitled to compensation. Getting legal advice early and collecting proper evidence will give you the best chance of success.