What Are Your Rights After An Allergic Reaction At Domino’s Pizza?

In this guide, we look at what you could do following an allergic reaction at Domino’s Pizza. We look at how negligence could trigger your allergy, and why this may leave you in a position to make a compensation claim.

What Are My Rights After A Triggered Reaction To An Allergy At Domino’s Pizza?

Allergic reaction at Domino's PizzaYou will learn about your rights and how the law protects you from harm caused by negligence at a restaurant or other type of food business. We also consider the circumstances that could lead to a valid claim.

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If, after reading this guide, you have any questions, all you have to do is give our team of advisors a quick call on 020 3870 4868. They can help you further.

Our advisors are available 24/7 and give free legal advice. What’s more, if you have evidence of a valid claim, they could connect you to a personal injury lawyer. You’ll be under no obligation to proceed with these services, however.

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Everything You Need To Know About Your Rights After A Triggered Reaction To An Allergy At Domino’s Pizza

This guide is aimed at teaching you all you need to know about allergic reaction claims.

We begin with an explanation of what a triggered reaction to an allergy is, in relation to eating at a food business. You will learn about the causes of it, and also what the main symptoms are and how they are treated. We then move on to look at specific information related to food allergies when eating out.

We have covered what types of information you should be given about the allergen content of food. This is followed by a discussion of some of the more common allergens that can be a risk.

Next, we look at the level of compensation that you might claim, by providing a compensation table.

Your consumer rights are discussed also. Time limits for starting a claim are listed, and some advice on how to begin a claim is given. We close this guide with a brief explanation of No Win No Fee claims, a list of useful resources, and a short FAQ section.

What Is A Triggered Reaction To An Allergy At Domino’s Pizza?

Allergies are not uncommon in the UK. 1 to 2% of adults suffer from food allergies and 5 to 8% of children have a food allergy. Combined, around 2 million people in the UK have a food allergy.

And if that allergic reaction is triggered by the negligence of a restaurant, a personal injury lawyer may be able to help the claimant make a compensation claim.

Not all allergic reactions will result in a compensation claim. For example, if you were unaware of your allergy and it was first triggered at a restaurant, that restaurant would likely not be liable. That’s because they wouldn’t have been reasonably able to protect you from harm if it was unknown.

Alternatively, if you were aware of your allergy but failed to check that your chosen meal didn’t have allergens (you ignored the allergen menu, for example) you might find it hard to claim. You are expected to ensure your own health and safety to some degree if you’re aware of your allergy.

However, if the restaurant provided you with incorrect allergen information and that caused you to suffer, you could claim. This is because the restaurant is obliged to take measures to ensure that you have all of the information that you need to make safe ordering choices.

A food allergy occurs when the body’s immune system identifies a substance as harmful by mistake. The substance will generally be some form of protein. Antibodies attack the protein by causing chemicals such as histamine to be released. This is what causes the symptoms of a triggered reaction to an allergy.

Causes Of A Triggered Reaction To An Allergy To Takeaway Food

There can be different events that lead to an allergic reaction to food. These include:

  • A food business’ allergen menu is incorrect. The allergen you suffer from isn’t listed (even though it’s one of the ones that should be, under law). Therefore, you eat a meal that isn’t safe for you.
  • The food server you spoke to advised you that the allergen you’re allergic to wouldn’t be in the meal. However, it was.
  • You asked for an allergen to be removed from a dish and the staff agreed but failed to remove it. However, they didn’t inform you of this so you consumed the allergen.
  • You weren’t made aware of the risk of cross-contamination even though you sought this information (on the allergen menu, for example) and the allergen is one where the risk of cross-contamination should be warned of. As a consequence, your meal contained a hidden allergen.

You could look into making a claim if you experienced any of the above.

There are 14 allergens that should be labelled on allergen menus if meals contain them. Any one of these could result in an allergic reaction if a mistake is made and a person with a food allergy is given the allergen through negligence.

In the section below, we look at what the symptoms of an allergic reaction at Domino’s Pizza could involve.

Common Symptoms Of A Triggered Reaction To A Food Allergy

As an allergy sufferer, you likely already know the main food allergy symptoms. These include:

  • Puffy, red and itchy eyes
  • Shortness of breath
  • An itchy, red rash (hives)
  • Nausea or vomiting
  • Stomach pain

A severe reaction can lead to anaphylactic shock. Symptoms of anaphylaxis include:

  • Breathing difficulties
  • Confusion
  • Anxiety
  • Collapse

The severity of these symptoms will depend on how bad the allergic reaction is. A minor reaction may only result in a few uncomfortable symptoms. A major reaction could cause fatal injury and require emergency treatment.

How Is An Allergic Reaction Treated?

A minor allergic reaction can be treated with medication such as antihistamines. Indeed, as an allergy sufferer, you may carry medication that you can take to deal with minor allergy symptoms.

Severe allergic reactions may require hospitalisation and advanced treatment using non-prescription drugs.

Do I Have The Right To Be Warned Of Potential Allergens?

Food businesses need to warn customers about the 14 allergens, which we list in the section below, if they’re present in any dishes they provide consumers. However, depending on how the food is packaged (or not packaged) and prepared, the food business needs to act under different rules.

Pre-Packed Foods

These are foods that are packed before being put on sale. These foods should include a list of ingredients and if any are 1 of the 14 allergens, they should be made more visible than the other ingredients. The packaging may put the allergens in bold font, for example.

Pre-Packed For Direct Sale Foods (PPDS)

PPDS foods are packaged on the same premises as they’re sold on. This can include sandwiches or pies, for example.

In Wales, England, and Northern Ireland, Natasha’s Law came into force in October 2021. The change meant that food that is pre-packed for direct sale now has to have a full ingredients list.

Food packed and prepared on the same premises before the consumer orders it is affected by this law. However, food that is packed after it’s been ordered by the customer isn’t seen as PPDS, so this law doesn’t affect it.

What’s more, food that is sold by means of distance selling isn’t fully affected by the change either. This type of food can be sold over the phone or online. However, though an ingredients list isn’t necessary, the food business should provide:

  • Allergen information before the food is purchased (on the website’s menu or over the phone, for example).
  • Allergen information when the food is delivered (over the phone or via a menu contained in the packaging, for example).

In addition, if you order a takeaway meal and you’ve informed the server of your allergy, the meal you chose should be clearly labelled so you know which is safe for you to eat.

Loose Foods

These food aren’t prepacked. You are likely to find these foods in restaurants, for example. In this case, allergen information should be in written form. You may be able to view it on the menu.

If the restaurant offers specials that are not on the menu, then the allergen information for these specials must also be provided and it must be easy to access.

Furthermore, if you request allergen information from a member of staff, they should be able to either tell you the allergen information or point you in the right direction to access it in written form.

If you suffered an allergic reaction at Domino’s Pizza, it may have been due to one of the 14 major allergens. We list these allergens below.

What Allergens Should A Takeaway Warn Me About?

There are 14 key allergens that could cause an allergic reaction. These allergens can be found in very common foods. These allergens should be listed on allergen menus.

The allergens are:

  1. Cereals containing gluten
  2. Celery
  3. Peanuts
  4. Nuts
  5. Sulphur dioxide (sulphites)
  6. Soya
  7. Milk
  8. Lupin
  9. Eggs
  10. Crustaceans
  11. Fish
  12. Sesame seeds
  13. Mustard
  14. Molluscs

Calculate Compensation For An Allergic Reaction At Domino’s Pizza

If your potential personal injury claim is successful, the amount of compensation you could receive would depend on how much harm you have suffered.

The compensation table below shows what you could claim for injuries caused by an allergic reaction triggered by a food business’ negligence. We based the table on compensation figures provided by the Judicial College, which produces guideline awards that can help when valuing claims.

Edit
Health Issue How Severe? Potential Compensation
Illness/Damage Resulting from Non-traumatic Injury (i) Severe toxicosis £36,060 to £49,270
Illness/Damage Resulting from Non-traumatic Injury (ii) Serious but short-lived symptoms £8,950 to £18,020
Illness/Damage Resulting from Non-traumatic Injury (iii) Causing significant symptoms £3,710 to £8,950
Illness/Damage Resulting from Non-traumatic Injury (iv) Varying degrees of suffering £860 to £3,710
Mental Anguish Fear of oncoming death £4,380

If you can’t see your injuries in the table above, our advisors can value your claim for free and with no obligation for you to proceed with the services of our panel of solicitors.

What Damages Could You Claim For?

There are two heads of claim. The first is general damages. General damages compensate you for the physical and mental injuries you suffer due to someone else’s negligence. And as the table above shows, the more serious the injury, the higher the compensation payment can be.

To prove general damages, you’d attend a medical assessment. Our panel of solicitors could arrange this locally for you. An independent medical professional would assess your injuries and create a report. The purpose of this report is twofold:

  1. To show how severely you’ve suffered physically and mentally.
  2. To show if the incident caused or worsened your injuries, or whether there was no link.

If you choose to use the services of a solicitor to claim, they could use the report as evidence as well as a tool for valuing your injuries.

Special Damages

Special damages compensate you for financial losses caused by the allergic reaction. For example, you may have had had the following costs:

  • Care at home (whether paid for or gracious care provided by family or friends)
  • Transport costs (for travel to and from the hospital, for example)
  • Lost earnings (for taking time off work to recover, for instance)

If you want to claim back costs already incurred, you will need to provide evidence of this spending. So, keep all receipts, bills, invoices, etc.

What Does The Law Say About Allergic Reactions To Takeaway Food?

There are rules and regulations related to takeaway food, food delivery services, and other types of distance selling.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 covers, amongst other factors:

  • Information the food business needs to give the customer prior to sale
  • Contract cancellation rights
  • Food and drink delivery to a customer’s home or workplace

Under the Food Safety Act 1990 food businesses in Scotland, Wales and England should:

  • Ensure food is labelled, presented and advertised in a truthful way.
  • Not remove anything from food that makes it harmful for the consumer.
  • Not add anything to food that makes it harmful.
  • Ensure that the food they provide is of the substance, quality and nature the consumer expects.
  • Make sure the food they provide to the consumer isn’t treated in a way that would harm them.

This guide aims to help you understand what you could do following an allergic reaction at Domino’s Pizza. However, if you have unanswered questions, why not get in touch?

What Is A Catering Establishment?

A catering establishment can be seen as any food business that provides food for consumers. This might include:

  • A restaurant
  • Fast-food outlets
  • A workplace canteen
  • Cafes and bistros
  • Takeaways
  • Hotel dining rooms
  • Pubs and bars
  • Burger or hotdog vans
  • Street food stalls
  • Catering at planned events

The food doesn’t need to be sold. It could be provided for free.

This guide aims to help you understand what could happen after an allergic reaction at Domino’s Pizza. If you have any questions after reading, get in touch.

When Do You Have The Right To Claim Compensation For A Takeaway Allergic Reaction?

In order to make a successful compensation claim, you’d need to be able to prove that:

  • The food business owed you a duty of care to ensure your safety. (The provision for this should be provided under law.)
  • They breached that duty of care, causing an incident.
  • You suffered injury as a result.

If you were injured because of a food business’ negligence, you could claim. What’s more, our panel of solicitors could help. Our advisors could connect you with them if you have evidence of a valid claim.

What Rights Does The Consumer Rights Act 2015 Give Customers?

The Consumer Rights Act 2015 covers your rights in regards to the purchase of products, services and digital content. Products should be:

  • Satisfactory in terms of quality
  • Fit for their purpose
  • Correctly described

You have the right to complain if you receive service that puts you at risk. If you suffer an injury as the result of negligence on a food business’ part, you could claim.

Are There Time Limits To Claim For An Allergic Reaction?

There will be a personal injury claims time limit that you must start your claim within. The time limit depends on the circumstances of your claim. For example:

  • In general, you have 3 years from the date of your injury to claim or 3 years from the date you gained knowledge that negligence at least contributed to your injury.
  • For those under the age of 18, you would be able to claim from the date of your 18th birthday. You would have 3 years. However, if you wish to claim before this, a litigation friend could do so on your behalf.
  • For people who are unable to make their own claim due to diminished mental capacity, a litigation friend could claim on their behalf. However, if you recover mental capacity, you would have 3 years from the date of recovery.

You can call and speak to our advisors to find out exactly what time limit could apply to your own claim.

I Suffered An Allergic Reaction At Domino’s Pizza, What Should I Do?

If you suffer an allergic reaction due to a food business’ negligence, there are some steps you could take to ensure your health is safeguarded and to prepare for claiming compensation at a later stage. These include:

  1. Make sure that you get the medical attention you need to ensure that your allergic reaction has been treated properly.
  2. Collect evidence that could relate to your claim (such as food packaging and witness contact details for statements at a later date).
  3. Get in contact with a specialist solicitor that can help you to make a claim.

If you need more advice on what to do after suffering a triggered food allergy, call and talk to our claim advisors today.

Claim For An Allergic Reaction At Domino’s Pizza On A No Win No Fee Basis

When considering making a claim, many people can become concerned about paying out-of-pocket for solicitor fees. That’s where No Win No Fee can help.

Under a No Win No Fee agreement, you would:

  • Not have to pay any upfront solicitor fees
  • Not have to pay any ongoing solicitor fees
  • Only pay the solicitor’s fee if the claim wins. Even then, you would only pay once the compensation has come through. What’s more, the fee is capped by law to a smaller percentage.
  • Not have to pay any solicitor fees at all if the claim loses.

Our panel of solicitors offers No Win No Fee services for all claims they take on. Our claim advisors can tell you more about No Win No Fee claims. That could also connect you with our panel if you have a strong, justifiable claim.

Our advisors are available 24/7 and give free legal advice. You’ll also be under no obligation to proceed with the services of our panel. So why not reach out?:

  • Call us on 020 3870 4868
  • Use our claim online form so we can get back to you
  • Use our live chat to get instant answers from an advisor

Useful Resources

We have other guides that could be useful for you:

How To Make A Food Allergy Claim

Nut Allergy Claims Explained

Your Rights After An Allergic Reaction At McDonald’s

These other websites all have information that may be relevant to your claim.

Allergy UK: Types Of Allergies

Advice About Unclean And Unhygienic Food Premises

Key UK Food Regulations

FAQs About Your Rights After An Allergic Reaction At Domino’s Pizza

Here are some answers to frequent questions that people have about food allergies.

What allergens are in Domino’s Pizza?

There are many allergens found in different foods by different food businesses. It’s best to check directly with that business what allergens are in their meals.

How do you know if you’re allergic to pizza?

You’ll know if you’re allergic to pizza if you have a diagnosis from a medical professional. If you already know you have a food allergy, check the allergen information about the pizza to see if it contains any allergen content you could have a reaction to.

Can you be allergic to pizza?

Yes, pizza can contain or be topped with many types of food that could contain one of the 14 major allergens.

Does Domino’s Pizza contain nuts?

Some items sold on a pizza menu may contain nuts. Consult the business’ allergen information provided about the dish before eating it.

Thank you for reading our guide on what you could do following an allergic reaction at Domino’s Pizza.

Writer CE

Checked by HT