The Dangers of Food Allergies and Your Rights: Making a food allergy claim
Food allergies are a serious and growing concern, with the potential for life-threatening reactions in individuals of all ages. Recent high-profile cases have tragically highlighted the severe consequences that can occur when food providers fail to take allergies seriously. If you or a loved one has fallen victim to an avoidable allergic reaction when consuming food then our experienced lawyers can assist you with making a food allergy claim, working on a No Win, No Fee basis.
The growing risk of food allergies
Food allergies affect millions of people worldwide, and the risk of severe reactions, including anaphylaxis, is ever-present. Common allergens include nuts, dairy, shellfish, eggs, and gluten, among others. For those with allergies, even trace amounts of an allergen can trigger a potentially fatal reaction.
Recent news stories underscore the gravity of this issue:
- The Case of Natasha Ednan-Laperouse: Natasha was just 15 years old when she died after consuming a baguette from Pret a Manger that contained sesame seeds, an allergen not listed on the packaging. Her death led to the introduction of “Natasha’s Law,” which mandates clear labelling of allergens in foods made on-site.
- Hannah Jacobs’ Tragic Death: More recently, the inquest into the death of 13-year-old Hannah Jacobs has highlighted the ongoing dangers associated with food allergies. Hannah suffered a catastrophic allergic reaction after consuming a hot chocolate from Costa Coffee, which was supposed to be made with soya milk but was mistakenly prepared with cow’s milk. Despite her mother’s warnings to staff about Hannah’s severe dairy allergy, the necessary precautions were not taken, leading to Hannah’s tragic death.
These cases are heartbreaking reminders of the critical importance of proper allergy management and the severe consequences when mistakes are made.
Establishments that must take food allergies seriously
Food providers are not limited to just restaurants and cafes; the responsibility extends across a wide range of establishments, including:
- Schools and Universities: Educational institutions where children and young adults with allergies are particularly vulnerable.
- Hotels and Resorts: Especially those offering all-inclusive packages or buffets where food labelling must be accurate.
- Caterers and Event Venues: Providing food at events like weddings, corporate functions, and other gatherings.
- Hospitals and Care Homes: Where patients and residents may already have compromised health, making them more susceptible to severe reactions.
- Fast Food Outlets: Where cross-contamination can occur due to the fast-paced nature of food preparation.
- Supermarkets and Delicatessens: Where pre-prepared foods and fresh items must be clearly labelled with allergens.
All these establishments have a legal duty to ensure that food safety protocols are strictly followed, including clear labelling of allergens and avoiding cross-contamination.
The impact of food allergies
The impact of a food allergy on an individual can be profound, affecting not only their physical health but also their emotional well-being, career, and lifestyle. Some of the potential impacts include:
- Severe Physical Reactions: Including anaphylaxis, which can lead to hospitalisation, long-term health complications, or even death.
- Emotional and Psychological Stress: Living with a food allergy can cause constant anxiety and fear, particularly after experiencing a severe reaction.
- Time Off Work: Recovering from a severe allergic reaction may require time off work, leading to lost earnings.
- Loss of Enjoyment of Life: Restrictions on social activities, travel, and dining out due to fear of accidental exposure.
- Long-Term Health Consequences: Repeated exposure to allergens can worsen the severity of allergic reactions over time.
Holding food providers accountable
At SBClaims, we have seen firsthand the devastating impact that food allergy mistakes can cause through cases like that of our client, Mr. C, who suffers from coeliac disease. While coeliac disease is specifically triggered by gluten, the principles of food safety and accurate labelling apply universally across all food allergies.
In Mr. C’s case, he booked a package holiday to Turkey at a resort advertised as catering to individuals with coeliac disease. Despite taking all necessary precautions, including informing the hotel staff of his condition and verifying their food labelling system, Mr. C became seriously ill after consuming mislabelled food. Our award-winning personal injury lawyer, Carly Sylvester, successfully pursued a claim against the holiday company, holding it accountable for failure to ensure the safety of their food labelling system.
This case, along with the tragic stories of Natasha and Hannah, highlights the importance of holding food providers accountable when they fail in their duty of care. Businesses have a legal obligation to ensure that their food is safe for all consumers, especially those with food allergies. When they fail to meet these obligations, affected individuals and their families may be entitled to compensation.
How we can help
If you believe you have a claim related to a food allergy or have suffered other food-related injuries, do not hesitate to contact our free legal helpline. We are here to provide you with expert advice and guide you through the process of making a food allergy claim.
