We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
Being injured in a holiday accident or falling ill abroad due to someone else's negligence towards your health, safety and welfare, can be stressful, painful, and result in loss of earnings if you need time off work for recovery. In cases such as these you may be entitled to claim for holiday injury compensation.
Allergens
Although the British Government state in the Food Labelling (Declaration of Allergens) regulations that "manufacturers and retailers must always label major allergens (including egg) wherever they appear in pre-packed food," and the European Parliament and the Council of the European Union state likewise in the labelling, presentation and advertising of foodstuffs directive, there is no mention of restaurants, where non pre-packed food is sold, having to include this information.
However, the Food Safety Act 1990 and Trades Descriptions Act 1968, state that customers should be "properly informed about the nature and substance of the foods they buy," and in 2010 the introduction of mandatory allergen labelling for non pre-packed food was discussed by government and food industry authorities.
Restaurant owners throughout Europe are responsible for the health and safety of their customers. Similarly to food poisoning cases in restaurants, failing to warn customers of allergens in food, which could cause allergic reaction, may result in a customer making a successful claim against a restaurant owner or food chain.
In some cases though, the customer is likely to be seen as largely responsible. If someone is aware that they have a food allergy, they should ask if the item they are allergic to is contained in the meal they about to order – especially if, to their knowledge, the meal is traditionally prepared using the allergen, or looks as if it may be.
A situation in which a restaurant may be more likely to be found liable is if a customer orders a dish which is not usually made using the food they are allergic to. If an individual then finds that they have a reaction, not having expected to encounter the allergen they normally avoid, greater blame might be placed on the food preparers than otherwise would.
Situations which are reported to have occurred include customers being unaware that a certain food is fried in fish-oil, or that egg-based mixtures have been used to glaze a certain meal.
Not being conscious of how a dish is being prepared in a restaurant's kitchen can lead to simple mistakes on behalf of the consumer should warnings not be provided on a menu.
Eating abroad
Travelling to a foreign country can further complicate the situation for tourists who have allergies and often cannot read or speak the language of the country which they are visiting.
Poorly translated menus can lead individuals to think they are choosing a meal which is safe for them to eat, when, in fact, a restaurant has mistranslated a word or simply not included the ingredient in the menu information.
The reason allergens are sometimes left out of a meal's description is often largely due to it being a very minor part of the food's preparation, or its finished appearance.
Restaurant owners who do not suffer from a food allergy themselves may forget the importance of mentioning an ingredient which they may view as inconsequential, but restaurant owners should keep such things at the forefront of their minds, since one to two people in every 100 individuals in Britain suffer from a food allergy.
Making a claim for holiday injury compensation
If you have suffered and allergic reaction to a meal at a restaurant in the UK or abroad, which did not include an allergen warning on the menu, then you could claim compensation with help from our expert personal injury solicitors.
Contact us by phoning 0800 10 757 95, using live help to be passed onto one of our helpful advisers, requesting a call back, or by filling in our short online claim forms.
