Food allergy compensation claims
If you’ve suffered an allergic reaction because food wasn’t labelled properly, you were served the wrong meal or a business didn’t take your allergy seriously, you might be able to claim compensation.
Food allergy compensation claims
If you’ve suffered an allergic reaction because food wasn’t labelled properly, you were served the wrong meal or a business didn’t take your allergy seriously, you might be able to claim compensation.
Allergic reactions can be frightening. Even when symptoms settle, the experience can leave you anxious about eating out, worried it could happen again and dealing with time off work or follow-up treatment. You shouldn’t be left to cope alone, especially if the reaction was avoidable.
We help people bring food allergy claims every day. We’ll explain your options clearly and handle your claim on a no win, no fee basis, with no upfront costs. Terms apply.
What counts as a food allergy reaction?
You might be able to claim if you had an allergic reaction because:
Food allergy reactions can vary a lot from person to person. Symptoms might include:
- Hives, itching, swelling
- Breathing difficulties, wheezing or tight chest
- Stomach pain, vomiting or diarrhoea
- Dizziness, faintness or feeling unwell
Some reactions develop quickly. Others build over time. The key issue for a claim is whether you were exposed to an allergen because someone failed to provide accurate information or prepare/serve food safely.
What our clients say
Common food allergy claim scenarios
Food allergy claims are often the result of situations like:
- Missing or unclear allergen information on a menu, website, display label or packaging
- Incorrect labelling
- Prepacked for Direct Sale (PPDS) food where allergen information isn’t correctly provided
- Cross-contamination in kitchens
- Wrong meal served, including delivery orders
- Staff error where allergy instructions weren’t passed on or followed
Even if a business didn’t intend harm, they still have responsibilities. If those responsibilities weren’t met and you were harmed as a result, you might be entitled to compensation.
Who could be responsible?
Responsibility depends on where the food came from and who controlled the information or preparation. Potentially liable parties can include:
- Restaurants, cafés, pubs and takeaways
- Food delivery platforms and the food business that prepared the meal
- Supermarkets, retailers and food outlets
- Manufacturers of packaged foods
- Employers, schools, nurseries, care homes and hospitals providing meals
- Caterers and event organisers
We’ll identify the right party to pursue based on the facts and the evidence.
What do I need to prove?
Most food allergy claims come down to three points:
- Duty of care — The business or organisation had a duty to keep you safe and provide accurate allergen information
- Breach — They failed to meet that duty
- Causation— That failure caused your reaction
We’ll look at timings, symptoms, what you ate, what you were told, and whether the allergen exposure is more likely than not to have come from that food.
What evidence helps a food allergy claim?
Many people don’t think about evidence while they’re dealing with a reaction and that’s completely understandable. You can still start a claim without having everything. Evidence that often helps includes:
- Medical records
- Photos of packaging, ingredient lists, menu descriptions or allergen information
- Order confirmations and receipts
- Messages or notes showing you informed staff about your allergy
- Witness details
- The product itself
- Proof of financial losses such as payslips, sick notes, prescription costs and travel costs
If you reported the incident to the business, environmental health, or another body, that can also help.
How much compensation could I receive for a food allergy reaction?
Compensation depends on your circumstances and how serious the reaction was. It might include:
- Pain and suffering
- Psychological impact, such as anxiety around food, social situations or eating out
- Medical costs, prescriptions or ongoing treatment
- Lost earnings if you needed time off work
- Travel expenses for appointments
- Care and support if someone had to help you during recovery
We’ll explain what you might be able to claim for and give you a realistic view of value once we understand the details.
How long do food allergy claims take?
It depends on whether the other side admits responsibility, how complex the evidence is, and how long it takes to obtain medical records and any supporting documentation.
Some claims settle relatively quickly. Others can take longer if liability is disputed or your medical position is still developing. We’ll keep you updated clearly at every stage.
Time limits for food allergy claims
In most cases, you have three years to start a claim. The three-year time limit usually runs from the date of your reaction.
Different rules can apply for children or people who lack mental capacity. If you’re unsure about time limits, speak to us as soon as you can — early advice can make a big difference.
No win, no fee food allergy claims
We handle food allergy claims on a no win, no fee basis. This means:
- No upfront payment to start your claim
- No legal fees to pay if your claim doesn’t succeed
- A success fee is only payable if you win
We’ll explain the funding clearly before you decide whether to go ahead.
Why choose Express Solicitors?
When you’ve had a reaction, you need a legal team that’s calm, thorough and on your side. We take the pressure off you and handle the claim from start to finish. With Express Solicitors, you get:
- Straight-talking advice in plain English
- A supportive team who keep you updated
- Help gathering medical evidence and documenting your losses
- A practical approach to proving liability and causation
- No win, no fee funding
What to do after a food allergy reaction
Your health comes first. As general guidance, it can help to:
- Seek medical advice or urgent help if symptoms are severe or you’re worried
- Save packaging, labels, receipts and order confirmations if you can
- Take photos of menus, allergen information and the food
- Make a note of what you ate, what you were told, and when symptoms started
- Keep records of medication, appointments and time off work
These steps can support both your recovery and any claim.
Get in touch
If you’ve had an allergic reaction, you have rights in the UK. Simply get in touch with our experts and see if you have a valid claim.
