How to make allergic reaction compensation claims
It can be distressing if you experience an allergic reaction to foods or products. You may have heard about people suffering allergic reactions after eating food products that did not fully disclose the ingredients used or confirm whether the food had been exposed to other substances during the production processes.
In a case against Pret a Manger, a student experienced a severe allergic reaction from a sandwich she was told did not contain sesame, when in fact it did. Holiday Claims Bureau deals with food allergy claims all the time, and are ready and able to assist you in getting the compensation you deserve.
In another case, the court found retailers including Argos responsible for chemical burns and rashes caused to consumers after buying sofas made of faulty leather.
When can I make a claim if I have an allergic reaction?
You can make a claim for an allergic reaction if you were not made aware of certain ingredients used in products, or if a product had been manufactured incorrectly making it faulty. In other cases, products could be made using harmful chemicals which cause you to have a negative reaction.
For instance, perhaps specific ingredients were not listed on a menu or drinks carton, or chemicals were missed out on a cream or hair dye box resulting in a severe reaction.
If you have suffered as a result of an allergic reaction and it wasn’t your fault, you may be able to make a compensation claim. There are many scenarios in which you could claim for allergies or product liability, so it is worth contacting a personal injury solicitor to go through your options.
How can I prove negligence if I have an allergic reaction?
In order to prove that you have been treated negligently, you need to first show that you were owed a duty of care.
A duty of care is a legal obligation to provide a reasonable standard of protection. For example, an employer has a legal responsibility to ensure that their employees are safe in the workplace. Similarly, a restaurant has a duty to protect its customers against harm such as making the ingredients in a meal clear so as to avoid allergic reactions.
When making a personal injury claim for an allergic reaction, you must show that the reasonable standard of care was not met and that the person was responsible for the allergic reaction.
Depending on the situation, you can gather evidence such as medical reports, photos of the reaction, and witness statements. If a product caused the reaction, you should keep the packaging, the receipt, and the product itself. If your allergic reaction was caused as a result of food, you should take a copy of the menu or packaging and any photos of the food.
You may be able to show that an organisation was negligent if you advised them of your allergy or when there were no warning signs.
What should I do if have an allergic reaction and want to make a claim?
If you have had an allergic reaction due to someone else’s negligence, you should keep hold of all the evidence that you have available. It is a good idea to take photos of anything you think is useful to support your claim.
The next thing to do is to consult one of our specialists personal injury lawyers on 0161 813 2131 or online and let us assist you in getting the best possible outcome. It must be noted that you have three years to make a claim from the date on which the allergic reaction happened.
How it works
The Holiday Claims Bureau have helped thousands of people to receive the highest compensation payouts