What Are Your Rights After An Allergic Reaction At Yo Sushi?
Have you had an allergic reaction at Yo Sushi? If you have, and you can show that it was the result of negligence on behalf of the restaurant, you could be entitled to claim compensation. Symptoms of food allergy can range from relatively minor to quite extreme.
Your reaction may have been caused by an allergy labelling error. Similarly, you may have received incorrect allergen information from a member of staff. These are both scenarios where Yo Sushi staff could be considered to have been acting with neglect.
Catering establishments all have a legal duty to provide information related to allergens present in their food. Due to this, an allergen guide must be made available to customers upon request. This is even if it is only information delivered verbally. If you were not supplied with enough relevant information to ensure your own safety, you might suffer an allergic reaction as a result. This could be grounds for an allergic reaction compensation claim.
In this guide, we outline your rights following an allergic reaction at a restaurant with reference to Yo Sushi. If you have any additional questions or issues on these matters, then don’t hesitate to get in touch. Our expert advisors are ready and waiting to help. Read on for more information, and to find out how you can contact us.
Get In Touch With Our Team
There are a number of ways in which you can get in touch with us.
- Call us on 0800 3870 4868
- Use the live chat function in the bottom right corner
- Fill out the form online to see if you have a valid claim
Services And Information
- Everything You Need To Know About Your Rights After An Allergic Reaction At Yo Sushi
- What Is An Allergic Reaction At Yo Sushi?
- Causes Of Allergic Reactions To Food
- Symptoms Of Allergic Reactions To Food
- Your Rights To Be Informed Of Allergens
- Common Allergens You Should Be Notified Of
- Calculating Compensation For An Allergic Reaction At Yo Sushi
- Laws On Allergy Labelling And Warnings
- Are There Different Types Of Catering Establishments?
- Eligibility To Make A Food Allergy Compensation Claim
- What Are My Rights Under The Consumer Rights Act 2015?
- Is There A Limitation Period For Food Allergy Claims?
- What Steps Should I Take After Suffering An Allergic Reaction?
- Do You Handle Allergic Reaction At Yo Sushi Claims On A No Win No Fee Basis?
- Related Guides And Information On Allergic Reactions
- FAQs About Your Rights After An Allergic Reaction At Yo Sushi?
Everything You Need To Know About Your Rights After An Allergic Reaction At Yo Sushi
In order to claim, you need to show that your injury or illness was caused by the negligence of the restaurant. As a result, you could make a personal injury claim following an allergic reaction if you can prove that the restaurant breached its duty of care to you.
An allergen guide can help customers with allergies order a dish that is safe for them to eat. However, this doesn’t need to be available in written form. Whilst the main menu can have notes and symbols to flag the presence of allergens, in some circumstances, the menu may simply feature a sentence along the lines of “please ask our staff for allergen information”. This is legally sufficient. What’s important is that the customers can access the details regarding allergens used in Yo Sushi dishes.
You can request that staff omit allergens from your dish. However, the venue is under no legal obligation to do so. The potential for cross-contamination may be too high for this to be done safely. Furthermore, elements of the dish in question may be prepared in advance and unable to be modified.
If the venue does agree to prepare the food without the allergen in question, they must then take great care to make sure that this is done. If the order is mismanaged or not acknowledged properly, causing a reaction, then this could be considered negligent behaviour. The injured person may be able to make a claim against the restaurant.
Below, we’ll talk more about this, and if you have any questions, please get in touch.
What Is An Allergic Reaction At Yo Sushi?
Cow’s milk is one of the most common causes of severe allergic reactions. A 2011 study showed that cases of anaphylaxis induced by cow’s milk accounted for 10-19% of cases in both children and adults. However, cow’s milk is only the third most common food product to cause anaphylaxis. Peanuts and nuts are the most common.
Causes Of Allergic Reactions To Food
Food allergies are caused by your immune system incorrectly interpreting proteins in certain foods as a threat. As a result, a number of chemicals are released, which in turn cause your allergic reaction symptoms. Most often, in food allergies, an antibody called immunoglobulin E (IgE) will attack the food proteins your immune system is sensitive to.
LgE will then cause a number of other chemicals to be released, with the most key being histamine. Histamine is responsible for many of the main allergic reactions that you would experience following exposure to your trigger. In severe cases, the immune system will go into overdrive and release large amounts of histamine. This is usually what brings on cases of anaphylaxis and the related symptoms. We’ve listed some common symptoms that can be brought on by an allergic reaction in the next section.
Symptoms Of Allergic Reactions To Food
An allergic reaction at Yo Sushi (or an allergic reaction at a restaurant in general) can result in a range of symptoms. They can be relatively minor. However, some reactions can be quite severe or even result in death. Instances resulting in death may lead to a fatal accident claim.
It’s important to be able to identify when you’re having an allergic reaction so that you can seek treatment should you need it. We’ve compiled a list below of some of the more frequently occurring allergy symptoms-
- Tingling or itching in the mouth
- A red rash
- Nausea/vomiting
- Abdominal pain and/or diarrhoea
- Dizziness/lightheadedness
- Symptoms similar to hay fever such as itchy eyes or sneezing
- Swelling of body parts (often the face, mouth and/or throat)
- Inability or difficulty swallowing and/or breathing
- Anaphylaxis (in extreme cases)
These symptoms could occur due to an error with allergy labelling, complacency, or even a lack of sufficient training. If you can prove that you’ve suffered any of these symptoms due to the failings of Yo Sushi, then you may be able to make a claim for compensation. Call our advisors today to find out how you may be able to proceed.
Your Rights To Be Informed Of Allergens
The Consumer Rights Act 2015 states that you have the right to have your food prepared with “reasonable skill and care”. This includes when you ask for your meal to be free of an allergen, and the catering establishment accepts this request. They then become responsible for making sure their staff use skill and care to ensure the safety of the customer.
When you eat at a restaurant like Yo Sushi, you should be provided with allergen information. This could be included in their menu or could be a written prompt to ask a member of staff about allergens present in a dish.
Read on to find out more about the allergens that you should be notified of when eating in a restaurant.
Common Allergens You Should Be Notified Of
There are 14 main allergens that food businesses must make you aware of under food law. Whilst there are more than 14 allergens that could cause someone to have a reaction, these are the ones that appear the most frequently. If a physical allergens list is not available, the venue’s staff should be able to give you verbal guidance on what is safe for you to order.
We’ve included a table below containing these 14 allergens. Included are some foods these ingredients may appear in.
| Condition | Examples of Triggers |
|---|---|
| Celery allergy | A vegetable that can feature in many recipes such as soups and salads etc. |
| Cereals containing gluten | E.g. barley and oats |
| Crustacean allergy | Lobster, crab, prawns, etc |
| Egg allergy | Animal eggs – can appear in recipes such as cakes and some sauces |
| Fish allergy | Cod, haddock, mackerel, etc. |
| Lupin allergy | A legume in the same family as peanuts, can be eaten whole or ground up for flours etc. |
| Milk allergy | Most often cow milk, but milk from other animals such as goats and sheep can cause an allergic |
| Mollusc allergy | For example, mussles and oysters |
| Mustard allergy | Often a condiment, made from mustard seeds which can be used in a variety of recipes |
| Peanut allergy | As well as being used as an ingredient, peanut oil may be used as a cooking oil. |
| Sesame allergy | Sesame may be used as a flavouring or baked into items such as burger buns |
| Soybean allergy | Soybeans are used in cooking and some dairy-free milk alternatives |
| Sulphur dioxide allergy (Sulfites) | Used in the preservation and preparation of many foodstuffs |
| Tree nuts | Tree nuts that may cause an allergic reaction include almonds, hazelnuts and brazil nuts. |
If you can prove that you were exposed to one of the allergens listed above, causing an allergic reaction in Yo Sushi, then get in touch with our team today. You may be entitled to compensation.
Calculating Compensation For An Allergic Reaction At Yo Sushi
When considering compensation amounts, there are two main elements to consider. These are known as general damages and special damages.
General damages are awarded to account for any pain and suffering you experienced as a result. The amount is calculated with the help of a publication called the Judicial College Guidelines (JCG). These guidelines are made up of a list of injuries and guideline compensation brackets for them. The amount will vary depending on the extent of the injuries and how long recovery will take. We have included some examples from the JCG below.
| Injury | Description | Amount |
|---|---|---|
| Brain damage | (ii) Cases in which there is a moderate to modest intellectual deficit, the ability to work is greatly reduced if not removed and there is some risk of epilepsy | £85,150 to £140,870 |
| Mental anguish | Fear of impending death/reduction in expectation of life | 4380 |
| Illness | (iii) Food poisoning causing significant discomfort, stomach cramps, alteration of bowel function and fatigue. Hospital admission for some days with symptoms lasting for a few weeks but complete recovery within a year or two | £3,710 to £8,950 |
| Illness | (iv) Varying degrees of disabling pain, cramps, and diarrhoea continuing for some days or week | Up to £3,710 |
| Post-traumatic stress disorder | Moderate – in these cases the injured person will have largely recovered and any continuing effects will not be grossly disabling | £7,680 to £21,730 |
| Post-traumatic stress disorder | Less severe – a virtually full recovery will have been made within one to two years, only minor symptoms will persist over any longer period | £3,710 to £7,680 |
The other element is special damages. They are awarded to the claimant to reimburse them for any additional costs or financial losses caused by their injuries. For example, if the claimant was forced to miss time at work due to their injuries, then this loss of earnings could be included in their special damages payment. Other examples of special damages are damage to property and any medical expenses not covered by the NHS.
Laws On Allergy Labelling And Warnings
The presence of an allergy warning or an allergy list in the UK is a legal necessity and very important in ensuring the safety and wellbeing of customers. In restaurants such as Yo Sushi, if allergens aren’t displayed or made available, then it could lead to some severe cases of allergic reactions that could have been otherwise prevented.
There are multiple pieces of legislation in place to ensure that catering establishments adhere to these rules. Some examples of these are the Food Standards Act 1999 and the Food Safety Act 1990.
Are There Different Types Of Catering Establishments?
Catering establishments are defined as premises that provide food and/or drinks. The kind of food served by an establishment would affect the way food should be labelled. These can be found below:
Loose foods- Foods that are not pre-packed. This can include things like food from a delicatessen counter, bread from a bakery or dishes served at a restaurant. Allergen information on loose foods must be provided in writing or by speaking to a member of staff.
Pre-packed for direct sale (PPDS)- PPDS food is food that is prepared and pre-packaged on the premises that it will be sold on. Currently, there is no obligation to label PPDS food with allergens, as it would be assumed that the person could speak to the staff member who prepared the food. However, as of October 2021, Natasha’s Law means that PPDS food must also clearly be labelled if it includes any of the main 14 allergens.
Pre-packed– Pre-packed food is food that is fully or partly enclosed by packaging. It cannot be altered without opening or changing the packaging, and it’s ready for sale as it is. It should be clearly labelled if any of the 14 main allergens are present.
Yo Sushi would fit into the category of a loose-food catering establishment. No matter the catering establishment, they must still provide customers with an allergy warning regarding the items they have available.
If you can show that you have suffered an allergic reaction after eating at Yo Sushi, you may be able to claim. Get in touch with a member of our team today to find out more.
Eligibility To Make A Food Allergy Compensation Claim
Some people mistakenly believe that simply suffering an allergic reaction at Yo Sushi makes them eligible to receive compensation. This is not the case. Your allergic reaction needs to be the result of negligence on behalf of the restaurant staff. If you are made aware of the presence of all allergens ahead of ordering your food, then Yo Sushi has not neglected their duty of care to you, and you would not be able to claim.
However, if you then ask for one of these allergens to be omitted from your order and they agree to do so, they must carry this out. If the allergen still appears in your meal and causes you to have an allergic reaction at Yo Sushi, then this may be classed as negligence.
What Are My Rights Under The Consumer Rights Act 2015?
As stated in the Consumer Rights Act 2015, catering establishments have a duty of care to their customers. Therefore, If this duty is breached, then this could be classed as negligence.
However, it should be noted that establishments are under no obligation to follow requests to omit an allergen. If they aren’t able to remove an allergen from a dish, then they must tell you about this, and they are able to refuse to serve you.
If you have any questions regarding your rights as a customer with a food allergy, then call our team today. We are here and ready to help.
Is There A Limitation Period For Food Allergy Claims?
Most personal injury claims will have a 3-year time limit placed on them. This is due to the Limitation Act 1980. However, there are some scenarios where this time limit is suspended or extended. We’ve included some examples of times this may be the base below.
General Accident Claims
Generally, personal injury claims will need to be made within a 3-year time limit. The 3-year time limit will often begin from the date the accident that caused the injuries took place. However, some injuries aren’t detected or diagnosed until a date later than the accident. The date you’re made aware that your injuries were caused by negligence is called the date of knowledge. In some cases, your injuries may run from this date instead.
Child Accident Claims
Claimants under 18 cannot legally pursue their own claim. Their time limit will begin on their 18th birthday. Before this date, it is suspended and can only be pursued for them via a litigation friend. A litigation friend is a trusted adult with the child’s best interests in mind, such as a parent, guardian, friend, or legal professional.
Claiming on Behalf of Someone With a Reduced Mental Capacity
Some claimants may have a reduced mental capacity. This could be due to their injuries or could be due to a pre-existing condition. In the case of the latter, the time limit is suspended indefinitely, and a litigation friend can pursue compensation on the injured person’s behalf.
If the reduction in mental capacity is expected to return following an injury, then the time limit will only be suspended until the date that the person regains the capacity to make a claim.
What Steps Should I Take After Suffering An Allergic Reaction?
Following an allergic reaction at Yo Sushi caused by negligence, you should seek medical care. Even some seemingly minor reactions can grow more severe if medical attention is not sought. It’s always best to be safe if you have come into contact with your food allergy trigger.
You’ll also need to obtain evidence that negligent behaviour by the restaurant was what led to your allergic reaction. Without evidence, it becomes less likely that your claim will be successful. Some good examples of evidence you could collect might be photographs, CCTV footage, receipts, and witness statements.
Next, you should seek expert legal advice. By contacting our team of advisors today you will be able to ask any questions regarding your potential claim. The more we know about your circumstances, the more accurately we will be able to help you. Although legal representation isn’t an obligation when making a claim, we believe that the claims process can run much more smoothly with the support and guidance of a personal injury lawyer.
There are a number of ways in which you can get in touch with us.
- Call us on 0800 3870 4868
- Use the live chat function in the bottom right corner
- Fill out the form online to see if you have a valid claim
Do You Handle Allergic Reaction At Yo Sushi Claims On A No Win No Fee Basis?
Our panel of personal injury solicitors work with their clients under a No Win No Fee agreement. This means that, as a client, you won’t be responsible for paying legal fees upfront, while your claim is ongoing or in the event that your claim is unsuccessful. Following the conclusion of a winning case, your lawyer will be paid via a small, legally capped fee from your compensation payout.
If you can prove that you suffered an allergic reaction at Yo Sushi because of negligence, then our panel of personal injury solicitors may offer you a No Win No Fee basis. Speak with a member of our team today for more information.
Related Guides And Information On Allergic Reactions
Here’s some additional information regarding the topics covered in this article.
- An overview from the NHS regarding Anaphylaxis.
- More information on litigation friends.
- Food allergy and intolerance – a guide from the Food Standards Agency.
- How to sue on behalf of someone else.
- A general overview regarding personal injury claims.
- How to make a fatal accident claim.
FAQs About Your Rights After An Allergic Reaction At Yo Sushi?
We’ve also included the answers to some of the more common questions we’re asked on this topic.
Will you need to meet the solicitor in person?
There’s no legal requirement to meet with a solicitor in person while pursuing your case. Your solicitor may be able to arrange a medical assessment in your local area no matter where in the country you are.
Will your case go to court?
A court trial is the last resort for both sides. It can be an expensive process. However, a claim may go to court if there is a dispute over liability that cannot be resolved.
Can you claim on behalf of a child?
Yes, you can act as a litigation friend and make a claim on behalf of an underage claimant. Get in touch with our team for information on how this could affect the personal injury claims time limit.
Do you need medical evidence?
Medical evidence is very important in supporting your claim. As part of our service, we can arrange for an independent medical assessment at a location convenient to you.
Thank you for reading our guide on suffering an allergic reaction at Yo Sushi.
