Allergic reaction compensation claims
If you or your child have suffered an allergic reaction due to the negligence of a third party such as a restaurant, you may be entitled to claim compensation
How Much Could You Claim?

Allergic Reaction Claims

An allergy is a reaction from the body’s immune system to a typically harmless substance. While most allergic reactions are food allergies, they can also be due to certain medications or products like creams and soaps. While most cases are mild, such reactions can be life-threatening and even fatal in the most severe instances.

Those who produce, distribute or handle such products have a strict duty to inform clients about potential allergens in their products. If you suffered any type of allergic reaction due to a breach of this duty, you might be able to make a claim for compensation.

To find out if you have a valid allergic reaction claim, call 0800 032 3660 today or use our online form to request a call back. An experienced personal injury solicitor will offer you a free case assessment and help you get the compensation you deserve.

What is an allergic reaction?

An allergic reaction is an abnormal and exaggerated response by the body’s immune system to a substance that is typically harmless. This substance is known as an allergen. Common allergens include certain foods, medications, insect stings, pollen, animal dander, hair dyes and latex.

When an individual with an allergy comes into contact with an allergen, their immune system identifies it as a threat and triggers a series of reactions to defend the body. These reactions can vary widely from person to person. Some people may show mild symptoms, such as itching or sneezing. Others may have severe reactions, such as breathing difficulties that require immediate medical care.

To manage your allergy, you must avoid any known allergens. In some cases, you may need to use medications like antihistamines or decongestants to relieve symptoms. If you have a severe allergy, you may need to carry an epinephrine auto-injector (EpiPen) for emergency use.

Signs and symptoms of an allergy

The signs and symptoms of an allergy can vary depending on its type and severity, but they often include:

Skin reactions:

  • Itchy skin or rash (eczema)
  • Red, itchy bumps on the skin (hives)
  • Swelling, especially around the face, lips, and eyes (angioedema)
  • Burning sensation
  • Itchiness or tingling in the mouth

Respiratory symptoms:

  • Sneezing
  • Runny or stuffy nose
  • Coughing
  • Wheezing
  • Shortness of breath
  • Chest tightness

Gastrointestinal symptoms:

  • Nausea
  • Vomiting
  • Diarrhoea
  • Abdominal pain or cramping

Eye symptoms:

  • Red, itchy, or watery eyes
  • Swelling around the eyes

Anaphylaxis:

Anaphylaxis is a life-threatening allergic reaction that requires immediate medical attention. It typically appears soon after contact with an allergen and causes symptoms such as:

  • Difficulty breathing and tight chest
  • Swelling of the throat and tongue
  • A drop in blood pressure
  • Rapid pulse
  • Loss of consciousness
  • Difficulty speaking or swallowing

If you suspect you are allergic to a specific product or substance, you should speak to your GP as soon as possible. If you experience acute and severe symptoms like difficulty breathing, you should seek immediate medical help.

Can I make an allergic reaction claim?

The easiest way to find out if you have a valid allergic reaction compensation claim is through a free consultation with a solicitor. They will take on your case on a no win no fee* basis if you can prove the following:

  • Another party owed you a duty of care
  • They breached their duty by being negligent in some way
  • You suffered an allergic reaction as a result

Based on your circumstances, there are various ways to prove a duty of care. Your solicitor will handle this aspect of the case, and you should not worry about it. They typically refer to legislation such as the Food Information Regulations 2014 (FIR) and the Occupiers Liability Act 1957.

If they can prove liability, your solicitor will help you gather the evidence you need to sue for an allergic reaction. They will also inform the responsible party of your intentions to make a personal injury claim. If the other side admits liability, they will negotiate the maximum allergic reaction compensation you could be entitled to.

Can I sue for an allergic reaction at work?

Yes, you may be entitled to claim following an allergic reaction in the workplace. Some of the jobs most at risk of exposure to allergens include:

  • Food workers. Cooks, bakers, and those working in food factories might deal with allergens like nuts, shellfish and gluten;
  • Medical staff. People in healthcare jobs constantly come into contact with latex gloves, medicines, and cleaning agents that can trigger allergic reactions;
  • Farmers. Those who work on farms might face allergies from pollen, bug sprays, and insect bites;
  • Factory employees. People in factories that use chemicals, solvents, and other industrial materials;
  • Salon staff. Workers in beauty salons may handle things like hair dyes, shampoos, and adhesives;
  • Construction workers. They might be exposed to allergens like wood dust, paint, and glue;
  • Cleaners. People who clean might encounter allergens in cleaning products and dust;
  • Animal carers. Those working with animals, such as vets and kennel workers, might get allergies from pet fur and dander.

According to the Health and Safety at Work Act 1974, your employer needs to try and keep you as safe as possible. Under this Act, they must take reasonable steps to protect your health and safety, such as:

  • Conduct risk assessments to identify potential allergens such as dusts, resins, pollens and chemicals;
  • Provide employees with information, instruction and training related to allergen handling and awareness;
  • Provide appropriate personal protective equipment (PPE) like gloves, masks or specialised clothing;
  • Ensure adequate ventilation in the workplace and sufficient breaks to minimise exposure.

You could claim compensation if your employer has failed to comply with the legislation, knew about your allergy and the risks to you, and did not take any steps to protect you.

Types of allergies you could claim for

If another person was at fault, you might be entitled to compensation for an allergic reaction to any of the following:

Food

Symptoms of allergic reactions to food can range from mild itching or tingling in the mouth to severe anaphylactic shock. Common trigger foods include peanuts, tree nuts, shellfish, eggs, milk, and wheat.

Restaurants and food manufacturers are legally bound to correctly label allergens in their products. If you were served food with undisclosed allergens, and you experienced an allergic reaction as a result, you could be entitled to claim for compensation.

Insects

For insect sting allergies, reactions can vary from localised redness and swelling to more severe symptoms like hives, difficulty breathing, and anaphylaxis.

You might have an allergic reaction claim against your employer if, for example, they were aware of the presence of a wasp nest next to your workplace but failed to act on it.

Medication

Drug allergies can cause various symptoms, from mild skin rashes to severe anaphylactic reactions. Common trigger medications include antibiotics like penicillin and nonsteroidal anti-inflammatory drugs (NSAIDs).

If a healthcare provider prescribes medication to which you’re known to be allergic, and you experience an adverse reaction, you may have a claim based on medical negligence.

Products

Various beauty products can cause allergic reactions, such as creams, soaps and hair dyes. Symptoms can include body rashes, swelling of the hands, lips or eyelids, itching and burning sensation.

If you suffer an allergic reaction due to a cosmetic product that was improperly labelled, you might have a product liability claim against the manufacturer or distributor.

If you wish to claim for an allergic reaction, do not hesitate to call 0800 032 3660 or use our online claim form to request a free case assessment.

Evidence to support a personal injury claim

If you want to claim compensation for an allergic reaction, you must be able to prove that another person was to blame for your injury and how this has affected you. You could use the following evidence to support your claim:

  • Medical records that show the severity of your reaction and the treatments you received;
  • If you had an allergic reaction to food, keep any packaging, labels, or receipts related to the product you consumed;
  • If you ate in a restaurant, take a photo of the menu and a video to show there was no signage about where you can find information about allergens;
  • If possible, keep a sample of the food for further testing to prove the presence of a food allergen;
  • Expert testimony from an allergist or immunologist and tests that prove your allergy;
  • Copies of prescriptions, the dosage you receive and the name of the healthcare provider that prescribed your drugs if you had an allergic reaction to medication;
  • If the allergic reaction injury occurred at work or in a public place, request a copy of any accident reports they registered;
  • Witness statements from anyone present when you suffered your reaction and can provide details about what happened;
  • If you suffered a severe reaction that was caught on CCTV, you could ask for a copy of the footage;
  • Keep notes of everything you ate or the products you used within the last couple of days, as some allergies can take a little longer to manifest;
  • You should also keep evidence, such as receipts or payslips, to claim for your financial losses and expenses.

Your no win no fee solicitor will review your evidence and help you gather everything else you need to secure allergic reaction compensation.

Claiming for a fatal allergic reaction

Although rare, allergic reactions can be fatal. If you’ve lost a loved one due to anaphylaxis, we appreciate that no compensation amount could make your loss any easier. Nonetheless, a successful claim can help ease the financial burden you may be under.

Under the Fatal Accidents Act 1976, you could claim the loss of income and any financial benefits expected from your loved one as their dependent. Your claim can also include:

  • The loss of services provided by your loved one, such as household chores and childcare
  • Funeral expenses like the cost of a memorial and transporting the body to the grave
  • Compensation for your suffering through a bereavement award, whose current value is £15,120

Frequently asked questions:

If you’ve suffered an allergic reaction as a result of negligence, you could be entitled to compensation. Below, we have answered some of people’s most common questions about the claims process. If you have further inquiries, do not hesitate to call 0800 032 3660 or request a call back for a free consultation with a personal injury lawyer.

Can I make a claim on behalf of my child?

If your child has suffered an allergic reaction due to the negligence of another party, you may be able to claim compensation for them. To act on their behalf, you must apply to the court to be appointed as their litigation friend. This is a straightforward process that your solicitor can help you with.

If you win the case, a judge must approve the allergy compensation you secured during an Infant Approval Trial. That ensures the child’s best interests are protected and the compensation settlement is fair and reasonable. The money awarded will typically be kept in a court bank account and released to the child on their 18th birthday.

How long do I have to claim compensation?

You typically have three years to claim allergic reaction compensation under the Limitation Act 1980. The time limit will typically begin on or near the date of the incident that caused your allergy. After this period, your case will become statute-barred and no longer valid.

There are several exceptions to the time limit:

  • For children, the three-year period begins on their 18th birthday. Afterwards, they will have until their 21st birthday to start an allergy claim.
  • The time limit is put on hold if the injured person cannot claim themselves. That could be due to a brain injury, an intellectual disability like Down syndrome or other health conditions. A litigation friend could start legal proceedings for them at any time.
  • If you lost a loved one due to a severe allergic reaction, you have three years to make a claim starting from the date of their death.
  • If you have suffered an allergy abroad, the time limit can vary from country to country, so it is best to seek legal advice as soon as possible.

How much compensation could I receive?

The amount of compensation you could get if you suffer an allergic reaction will depend on the specifics of your case. Two types of damages will typically be considered:

  • General damages awarded for the pain, suffering and loss of amenity the allergy caused you;
  • Special damages are awarded for the related financial losses and expenses, such as lost wages if you took time off work, care costs and prescriptions.

If your allergic reaction claim is successful, you could receive the following awards according to our compensation calculator:

  • Up to £690 for minor reactions with recovery within seven days
  • £690 to £1,370 for an illness with recovery within 28 days
  • £1,370 to £2,450 for severe allergies, where healing may take up to three months
  • Up to £307,000 for wrongful death cases

Do your solicitors offer no win no fee?

If you have a valid allergic reaction claim, the personal injury solicitors we work with will be happy to offer you a 100% no win no fee service. This agreement enables you to start a claim without having to pay any upfront costs.

Furthermore, you do not have to worry about any financial risks of losing the case. You will not have to pay a penny if you don’t receive injury compensation. Your lawyer only gets a success fee if they win your case. This fee cannot be more than 25% of your settlement, and you will agree to it from the beginning.

The no win no fee service means you do not have to worry about litigation costs either. The After the Event (ATE) insurance policy included in your arrangement will cover all the expenses you and the defendant incurred if your case fails.

Call 0800 032 3660 today to find out if you could start an allergic reaction compensation claim. Or, you can use our online claim form to request a call back.

* Personal injury claims are offered on a no win, no fee basis. If your claim is successful, your solicitor will receive up to 25% of your compensation as their success fee. Any additional costs, such as legal protection insurance, will be clearly explained to you by your solicitor before you decide to proceed with your claim. Termination fees may apply if you fail to cooperate with your solicitor. This includes deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing.