What Are Your Rights After An Allergic Reaction At Pizza Express?
Those who suffer from food allergies will explore a menu so that when ordering their favourite pizza they won’t suffer an allergic reaction at Pizza Express. Government guidelines and legislation mean that in many cases restaurants are required to inform customers if any of the 14 main allergens are contained within their foods.
Those who have food allergies can suffer different types of symptoms. Some could suffer a life-threatening allergic reaction, such as anaphylaxis.
If you suffer from an allergy (for example, a nut allergy, egg allergy, milk allergy, dairy allergy, wheat allergy, or soy allergy), it’s your responsibility to check whether the food you are eating contains an allergen. However, it’s the restaurant’s responsibility to supply you with certain allergen information that is contained within their foods.
To make a valid personal injury claim your case is required to meet certain criteria which we will explain throughout the content of this guide.
Get In Touch With Our Team
If you have questions about making an allergic reaction claim, you can chat with one of our advisers. They can offer you 24/7 free legal advice and get to know more about your situation.
They can assess your case in a friendly chat. If they can see that your case has winning merits they may offer to connect you with a personal injury solicitor from our panel. When they agree to work for you they could be funded through a No Win No Fee Agreement.
If you’d like to get in touch with our team of advisers, we suggest you:
- Call them on 020 3870 4868. An adviser is always available to chat with you about your situation.
- Fill in our online personal injury claim form. One of our advisers will get back to you at your earliest convenience.
- Chat with our team of advisers via our live chat pop-up box for an instant response.
Services And Information
- Everything You Need To Know About Your Rights After An Allergic Reaction At Pizza Express
- What Is An Allergic Reaction At Pizza Express?
- What Causes Food Allergies?
- Symptoms Of Having An Allergic Reaction
- Do You Have The Right To Be Told Of Potential Allergens?
- What Allergens Should You Be Warned Of?
- Calculate Compensation For An Allergic Reaction At Pizza Express
- The Law On The Handling And Serving Of Allergens
- How Are Catering Establishments Defined?
- Check You Are Eligible to Make A Restaurant Allergy Claim
- Restaurant Customer Rights Under The Consumer Rights Act 2015
- Are There Time Limits To Claim Compensation For An Allergic Reaction?
- I Suffered An Allergic Reaction At Pizza Express; what Should I Do?
- Claim For An Allergic Reaction At Pizza Express On A No Win No Fee Basis
- Useful Resources
- FAQs About Allergic Reactions
Everything You Need To Know About Your Rights After An Allergic Reaction At Pizza Express
Firstly, this guide will explore what an allergic reaction is and what causes food allergies. Next, there will be sections discussing the symptoms of an allergic reaction and whether you have the right to be told of potential allergens. After this, the guide will explore what allergens food suppliers should warn you of. Moreover, a personal injury claims calculator table will convey how much compensation some injuries are valued at.
Furthermore, a section will look at the law and legislation surrounding the handling of allergens. The article will also look at how catering establishments are defined. Additionally, there will be sections discussing how you can check if you’re eligible to make an allergic reaction claim and what the restaurant consumers rights under the Consumers Rights Act 2015 entail.
Next, the article will look at the personal injury claims time limit to ensure you still have time to make a personal injury claim. There will then explain the steps you could take if you were to ever suffer an allergic reaction at Pizza Express. The article will then discuss whether our panel of personal injury solicitors work on a No Win No Fee basis and what this means.
In addition, there will be a section containing some useful links to sources of information that may help you understand more about making a personal injury claim. Finally, there are answers to some frequently asked questions to ensure you leave this article feeling as confident and knowledgeable as possible.
What Is An Allergic Reaction At Pizza Express?
An allergic reaction happens when the body reacts negatively to a certain type of protein found in certain types of food. Some common allergies are:
- Fruit allergy
- Cereal allergy
- Gluten allergy
- Seafood allergy
- Fish allergy
- Lupin allergy
- Mustard allergy
- Shellfish allergy
The table below includes statistics from Food.Gov.UK portraying people’s confidence in food supply chain actors. The food chain actor with the highest percentage was farmers, with 90%. The lowest was food delivery services, with 39%.
What Causes Food Allergies?
According to the NHS, food allergies occur when the body’s immune system reacts differently to certain proteins found in foods. The immune system defends the body against infection. When a food allergy occurs, it’s often due to the immune system mistaking food proteins as threatening. Due to this, chemicals are released that caused an allergic reaction.
It’s unknown why food allergies are developed in some people but not others. We know that people who suffer from a food allergy may have had eczema as a child. However, the number is small less than 2 out of 10 children. The more severe eczema, the more likely an allergy will occur in the future.
Furthermore, people who have certain conditions are slightly more predisposed to food allergies too. These conditions include asthma and hay fever. The NHS states that the number of people with allergic conditions has risen significantly over the years for unknown reasons. This could be due to diets changing over time with a larger variety of different foods being available.
Another theory for the sharp rise in allergen cases is that children grow up in environments that lack germs. Hygiene has become extremely important to many people, especially regarding children. Whilst this can be a good thing, it does mean that children aren’t exposed to the germs that help them develop properly.
Sulphur dioxide is a preservative in various foods, such as burgers, soft drinks, sandwiches, and dried vegetables and fruits. Some people with asthma may react if they inhale sulphur dioxide. Some people with asthma who drink acidic drinks may have an asthma attack afterwards. However, this is very uncommon.
Symptoms Of Having An Allergic Reaction
The NHS states that the symptoms of IgE mediated food allergic reaction usually begin immediately after ingesting the allergen. If you develop anaphylaxis, it can be life-threatening. The symptoms of anaphylaxis are:
- Difficulty breathing.
- Swollen tongue.
- Tightening chest.
- Difficulty breathing and swallowing.
- Feeling faint and dizzy.
- Collapsing.
Anaphylaxis is the most dangerous type of allergic reaction, but not everyone reacts this badly to allergens. The most common type of allergic reaction is an lgE-mediated food allergy. The symptoms of this are:
- Tingly or itchy mouth
- An itchy, raised rash (hives)
- Swollen mouth or face
- Difficulty swallowing
- Shortness of breath and wheezing
- Dizziness and feeling lightheaded
- Sickness and nausea
- Abdominal pain
- Hay fever symptoms, for example, itchy eyes
A different type of allergic reaction is a non-lgE-mediated food allergy. The symptoms for this kind of allergy are:
- Itchiness and redness – but not an itchy raised rash
- Red, dry, itchy, cracked skin (eczema)
- Vomiting that can be alongside diarrhoea or not
- Abdominal cramping
- Constipation
- Crying in babies – even if the baby is fed and doesn’t need their nappy changing
Do You Have The Right To Be Told Of Potential Allergens?
Restaurants can inform you of the 14 main allergens by writing them on their menu or directing you to a website where you can find out more. Moreover, the writing may explain that you can ask a staff member if you’d like to know if your specific allergen is included in the dish you’re ordering.
If you come across a restaurant that isn’t following these rules, you can report a food problem online. Additionally, restaurants can write ‘may contain’ to include any allergens that may contain. For example, ‘may contain milk and eggs. This is ‘precautionary labelling’.
If food is made in a factory that contains certain allergens, there can be a danger of cross-contamination. This is why, although this specific food doesn’t have the allergen directly in it, the factory could have cross-contaminated it.
There isn’t a specific law that states food labels should have ‘may contain’ on them. However, food manufacturers should put the consumers’ safety first, so restaurants should provide information to prevent allergic reactions. Another type of precautionary label is if a food label states ‘not suitable for’. This means the food item has an unintentional allergen inside the food.
What Allergens Should You Be Warned Of?
According to Food.Gov.UK, there are certain pieces of legislation surrounding allergen labelling and information in restaurants. If a restaurant uses any of the 14 ingredients in the food law, they must inform you of this. The 14 allergens are:
- Celery
- Cereals that contain gluten
- Crustaceans (crabs, prawns, and lobsters)
- Eggs
- Lupin
- Milk
- Fish
- Molluscs (oysters and muscles)
- Peanuts
- Sesame
- Mustard
- Sulphites and sulphur dioxide
- Soybeans
- Tree nuts
There should be Pizza Express allergy information available to allow you to check if any of the 14 main allergens are contained within their food. The allergy menu at Pizza Express will allow food allergy sufferers to make informed decisions.
Calculate Compensation For An Allergic Reaction At Pizza Express
Some articles offer a personal injury claim compensation calculator. However, in this scenario, we believe the figure would be unhelpful and inaccurate. This is because everyone’s injuries are unique.
We’ve instead built a table filled with the latest figures from the Judicial College Guidelines to convey how much compensation some injuries could be worth. This can give you a vague idea of compensation amounts sometimes awarded. This table is, for example, for purposes only, and figures may vary.
Injury: | Severity: | Notes: | Compensation: |
---|---|---|---|
Mental Anguish | A fear of impending death. | £4,380 | |
Bowels | Double Incontinence | No natural bowel function left and no urinary function or control left. | Up to £172,860 |
Bowels | Feacal urgency and Passive Incontinence | Persisting after surgery and continuing distress and embarrassment. Also causes injury when giving birth. | In the region of £75,000 |
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning | Severe Toxicosis | Severe pain with vomiting and diarrhoea. | £36,060 to £49,270 |
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning | Serious but Short-Lived | Vomiting and diarrhoea lasting for 2-4 weeks with lasting effects. | £8,950 to £18,020 |
Hernia | Continuing Pain | Limited physical activities, employment, and sports, even after repair. | £13,970 to £22,680 |
Hernia | Direct Inguinal Hernia | Inguinal hernia, with a risk of recurrence, even after repair. | £6,580 to £8,550 |
Spleen | Loss of Spleen | Continuous risk of infection. | £19,510 to £24,680 |
Spleen | Loss of Spleen | The above risks are minimal or not present at all | £4,080 to £8,110 |
The table above conveys general damages. General damages compensate for the mental and physical impact the injury has. The awarded bracket relies on the severity of the injuries and the length of treatment time.
Special damages compensate for the financial impact the injuries have had on your life. This could be, for example, a lost holiday deposit as you couldn’t attend the holiday due to your injuries.
Please note that you are unlikely to receive special damages if you don’t provide evidence. For example, payslips to prove you suffered a loss of earnings through having to take sick leave from work for your injuries.
The Law On The Handling And Serving Of Allergens
The Regulation (EU) No 1169/2011 of the European Parliament and the Council (2014) altered how information is portrayed on labels and prepackaged or loose food. As stated in the above sections, food labels or menus must state the 14 most common allergens.
Furthermore, the 14 allergens should stand out on the label either by being:
- Bold
- Italic
- Underlined
- Colourful
How Are Catering Establishments Defined?
A catering establishment is classed as:
- Residential catering
- Non – residential
- Commercial Catering
How should allergens be communicated?
- Prepackaged food: This food is placed into packaging before the consumer or mass caterer buys it. This food cannot be altered once it’s in the packaging, so there must be a label with an ingredient list, and the 14 main allergens highlighted in some way (for example, in bold).
- Prepackaged for direct sales: These foods have been packed in the same place they’re sold. These foods don’t legally have to have the ingredients on the labels, as the consumer is thought to ask the seller what ingredients are in it.
- Non-prepacked or loose foods: This type of food isn’t pre-packaged and is sold loosely. An example of this is loose pizza that’s sold on a counter in retail. In catering, this includes meals served in a restaurant or cafe that are ready for consumption. There should be a sign saying where the allergen information can be found.
Check You Are Eligible to Make A Restaurant Allergy Claim
Restaurants owe a duty of care to consumers to safeguard and protect them by selling safe food products. To fulfil this duty of care, they must take all reasonable precautions to ensure consumers know the 14 allergens and the food is safe for them to eat.
In order to hold a valid personal injury claim after suffering an allergic reaction due to a third party’s negligence you must be able to, through evidence, prove the following;
- Those you hold responsible for your allergic reaction had a duty of care towards your safety,
- A negligent breach occurred, and
- Your allergic reaction was caused by this negligence.
Restaurant Customer Rights Under The Consumer Rights Act 2015
The Consumer Rights Act 2015 (CRA) outlines your rights when purchasing services, products, and digital content. The CRA states that manufacturers should produce food with as much care and skill as reasonably possible. It also states it should be of satisfactory quality and fit for consumption.
If seeking compensation for an allergic reaction at a restaurant, you would have to put an argument forward that the restaurant has breached its duty of care to provide food as reasonably safe as possible.
If you’d like to make a personal injury claim, it’s recommended that you contact a solicitor to help with your case. Lawyers can help you gather sufficient information to help you receive allergic reaction compensation. If you’d like to contact a lawyer, you can get in touch with our team of advisers to have a chat about your situation. If you have a valid case, they can connect you with our panel of personal injury solicitors to begin your case.
Are There Time Limits To Claim Compensation For An Allergic Reaction?
Generally, the personal injury claims time limit is three years. That refers to three years from the exact date you suffered the allergic reaction or three years from when you realised a third party were at fault for your food allergy reaction. However, there are some exceptions to the three-year rule.
- Child personal injury claims – If you’re under 18, the three-year personal injury claims limit begins from the day of your 18th birthday. On the other hand, a friend/family member can act as a litigation friend to pursue the claim for you sooner.
- Mentally incapacitated – If you lack the mental capacity to make a personal injury claim, the three-year time limit begins when you start recovery. Alternatively, someone close to you can become a litigation friend and file the claim on your behalf.
If you’d like more information about the personal injury claims time limit, you can contact our friendly team of advisers. They’ll happily have a chat with you about your situation and how long you have left to start a claim.
I Suffered An Allergic Reaction At Pizza Express, What Should I Do?
If you’ve suffered an allergic reaction at Pizza Express, seek medical attention. This is essential for your health and wellbeing and contributes towards a smooth recovery. Additionally, if you want to make a claim, a medical report can be given as evidence of your allergic reaction during your personal injury claim.
This medical report can prove the severity of your allergic reaction and how long your treatment took. Similarly, you should also provide financial evidence to support your claim. Examples of this could be payslips to prove loss of earnings or bus tickets to prove you paid out of pocket to travel to and from medical appointments.
Next, it’s recommended you should contact a personal injury solicitor to work on your case. Some claimants decide to work on their case alone. However, this can be difficult for some. Therefore, it may be a good idea to get in touch with a personal injury lawyer as they have the expertise and knowledge to work on your personal injury claim.
Claim For An Allergic Reaction At Pizza Express On A No Win No Fee Basis
Our panel of personal injury solicitors would be happy to discuss working on your claim on a No Win No Fee basis. A No Win No Fee agreement is a contract between you and your solicitor stating that you don’t have to pay any of your solicitor’s fees if your case loses. This type of agreement is popular among many claimants.
If your case fails, you don’t have to pay any of the fees your solicitor has worked towards. If your case succeeds, your solicitor will deduct a small, legally capped percentage of your compensation. This is to pay your solicitor for their hard work in helping your claim succeed.
If you’d like to discuss No Win No Fee agreements, you can contact our team of advisers. They can have a chat with you about your situation and whether you’d like to go forward with a personal injury claim.
To get in touch with our team of advisers, we suggest you:
- Give them a call on 020 3870 4868. An adviser will happily offer you 24/7 free legal advice.
- Fill in the online personal injury claim form on our website. One of our advisers will reply at whatever time best suits you.
- Chat with an adviser via our live chat pop-up box for an immediate reply.
Useful Resources
How Long Do You Have To Report A Car Accident? – Our article explores the personal injury claims time limit and how long you have left.
When And How To Report A Car Accident – Road Traffic Accident Compensation Claims – Have you suffered injuries from a road traffic accident that wasn’t your fault? Our article discusses how you can report a car accident.
Can You Sue Your Employer While Still Working For Them? – Our guide outlines whether you can sue your employer while still working for them and how a personal injury lawyer can help you do this.
How do I know if I’ve Broken a Bone? – Do you suspect you may have suffered a broken bone injury? This NHS guide explores the signs, treatment, and recovery process of a fractured bone.
Food Safety Act 1990 – This piece of legislation outlines the laws and legislation surrounding how food suppliers and manufacturers must keep food as reasonably safe as possible.
Food safety – your responsibilities – This website states the responsibilities that food businesses have to keep food safe.
FAQs About Allergic Reactions
How do you know if your allergic to pizza?
You can seek allergy testing at your local G.P. to see what allergies you have.
Can you be allergic to pizza?
If you have a wheat allergy or dairy allergy, you may be allergic to parts of a pizza. This could cause you to have an allergic reaction if you eat pizza.
Is Pizza Express nut-free?
You could check out Pizza Express allergy menu information for advice.
Thank you for reading our guide – what are your rights after an allergic reaction at Pizza Express?
Writer HL
Checked by IE.