Food allergies are not just inconvenient — they can be life-threatening. When you dine out, you place your trust in the restaurant to tell you exactly what is in your food. But what happens when that trust is broken? If you have suffered an allergic reaction after eating at a restaurant because of wrong information or negligence, you may be entitled to claim compensation.
This guide explains your rights, what the law says, and the steps you can take if a restaurant’s mistake causes you harm.
Understanding Food Allergies and Reactions
A food allergy occurs when your immune system wrongly identifies certain ingredients as harmful. In response, your body releases chemicals that cause a range of symptoms. Some of these can be mild, while others may develop into serious medical emergencies.
Common symptoms of food allergies include:
- Itchy or tingling mouth, throat, or ears
- Swelling of the lips, tongue, or face
- Red, itchy rashes (also called hives)
- Nausea, vomiting, or diarrhoea
In severe cases, an allergic reaction can cause anaphylaxis — also known as anaphylactic shock. This is a life-threatening condition that can lead to breathing difficulties, confusion, and even loss of consciousness. If you ever experience these symptoms, you should call for emergency medical help immediately.
The Difference Between Food Allergy and Food Intolerance
It’s important to understand that a food allergy and a food intolerance are not the same thing.
- A food intolerance means your body struggles to digest a certain food, often causing bloating or stomach pain. It can be uncomfortable, but it isn’t life-threatening.
- A food allergy, on the other hand, involves the immune system and can cause serious health risks even from trace amounts of the allergen.
If you live with food allergies, eating out safely depends on how well restaurants follow the law.
What the Law Says About Allergen Information
Under the Food Information Regulations 2014, restaurants and other food businesses in the UK have a legal duty to tell customers if any of the 14 recognised allergens are present in the dishes they serve.
These allergens include:
Peanuts, milk, eggs, soya, nuts (like almonds and cashews), fish, shellfish, cereals containing gluten, sesame, mustard, molluscs, celery, lupin, and sulphur dioxide.
A restaurant can share this information on the menu, a separate allergy guide, or a clear notice explaining where the information can be found. But they must provide it — and it must be correct.
When Can You Make a Food Allergy Claim Against a Restaurant?
You may be able to claim compensation if a restaurant’s negligence led to your allergic reaction. Negligence can take many forms, such as:
- Failing to list allergens on the menu
- Giving incorrect advice about ingredients
- Ignoring your request to remove or avoid certain items
- Cross-contaminating food during preparation
- Serving pre-packed food that contains unlisted allergens
- Failing to respond appropriately during an allergic emergency
When a restaurant fails in its duty to protect your health, it may have breached its duty of care under the Occupiers’ Liability Act 1957 or the Consumer Protection Act 1987. Both laws protect consumers and hold businesses accountable for harm caused by their negligence.
Real-Life Example: Allergic Reaction at a Restaurant
Imagine that you clearly tell your server that you are allergic to nuts. The restaurant assures you that your meal is nut-free. However, due to cross-contamination or incorrect information, the dish contains traces of nuts. You suffer an allergic reaction and need medical attention.
In this situation, the restaurant may be legally responsible for your injuries, especially if you can prove that:
- You informed them about your allergy, and
- They failed to provide accurate allergen information or took insufficient care when preparing your meal.
This forms the basis of a restaurant negligence claim.
Steps to Take After Suffering an Allergic Reaction in a Restaurant
If you experience an allergic reaction after eating out, here are the key steps to follow:
- Seek medical help immediately. Your health always comes first. Get emergency care or visit a doctor as soon as possible. Your medical records will later serve as crucial evidence.
- Keep evidence of what happened.
- Take photographs of the menu or the meal you ate.
- Keep receipts, order notes, or allergy request forms.
- Write down what you told the server and how they responded.
- Note down your symptoms and the treatment you received.
- Collect witness details. If anyone was with you, their account could support your version of events.
- Contact the restaurant. Report the incident so it can be recorded formally. Do not accept any offers or statements without legal advice.
- Speak to a solicitor. A solicitor who specialises in personal injury or food allergy claims can guide you on your rights and the strength of your case.
Your Legal Rights as a Diner
As a paying customer, you have the right to expect that the food you are served is safe and properly labelled. Restaurants must take all reasonable steps to ensure that allergen information is clear and accurate.
If they fail to do this, you can make a claim for compensation. Importantly, you are not legally required to tell the restaurant about your allergy, but doing so helps ensure your safety and strengthens your case if something goes wrong.
If no allergen information is provided, or if it is wrong, the restaurant could still be held responsible under the law.
What Compensation Can You Claim?
Compensation aims to help you recover from the harm caused — both physically and financially. In most restaurant allergy cases, you can claim for two types of damages:
1. General Damages
This covers the pain, suffering, and emotional distress caused by your allergic reaction. The severity of your symptoms and their long-term impact on your health will determine the amount you receive.
2. Special Damages
These are your financial losses, which can include:
- Medical expenses
- Prescription costs
- Loss of income due to time off work
- Travel costs to hospital appointments
- Home care or support expenses
Keeping receipts and medical records is essential for proving these costs.
How “No Win No Fee” Claims Work
Many solicitors in the UK handle food allergy claims on a No Win No Fee basis. This means:
- You do not pay any upfront fees.
- If your claim is successful, your solicitor takes a small, agreed-upon percentage of the compensation.
- If you lose, you don’t pay anything.
This arrangement allows you to pursue justice without worrying about legal costs.
Proving Negligence in a Food Allergy Claim
To make a successful claim, your solicitor will need to show that:
- The restaurant owed you a duty of care.
- That duty was breached — for example, by giving wrong allergen information or mishandling food.
- You suffered harm (the allergic reaction) as a direct result of their breach.
Evidence such as medical reports, photographs, receipts, and witness statements will help support your case.
Examples of Restaurant Negligence
Here are a few common ways restaurants may act negligently:
- A staff member fails to warn that a dessert contains nuts.
- A menu incorrectly labels a gluten-free dish.
- A meal is contaminated by allergens because the kitchen uses the same utensils for all dishes.
- The restaurant ignores your allergy request or does not take it seriously.
- You ask to exclude cheese or milk, but the food still contains dairy.
Each of these situations can lead to a valid claim if you experience an allergic reaction.
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 a compensation claim. If the claim involves a child, the three-year time limit starts on their 18th birthday.
However, it is always best to seek legal advice as soon as possible while evidence is still fresh.
What to Expect During the Claims Process
Once you contact a solicitor, they will:
- Listen to your account of what happened.
- Review your evidence and medical records.
- Consult with medical experts to assess the impact of your reaction.
- Negotiate with the restaurant or their insurer to reach a fair settlement.
If the restaurant denies responsibility, your solicitor can help you take the case to court. Most cases, however, are settled before reaching that stage.
Preventing Future Allergic Reactions
While legal rights are important, prevention is key. Here are some practical steps you can take when eating out:
- Always ask about allergens, even if you’ve eaten the dish before.
- Inform the staff about your allergy and ask them to confirm with the chef.
- Avoid buffets or shared platters where cross-contamination is likely.
- Carry prescribed medication such as antihistamines or an adrenaline auto-injector (EpiPen).
Your safety is the priority — and restaurants have a legal responsibility to help protect it.
Final Thoughts
Allergic reactions in restaurants are frightening, but the law is on your side. If a restaurant’s negligence caused you to suffer harm, you have every right to seek compensation. A successful claim can help cover your medical costs, lost earnings, and the distress caused by the incident.
Every case is different, but one thing is certain — you deserve to dine out safely and with confidence. If that trust is broken, legal help is available to make things right.