Allergic reactions are, thankfully, usually only relatively minor issues that are easily treatable by the individual themselves as soon as they become aware of their interaction with an allergen.
However, there is still the potential of an allergic reaction becoming more serious and possibly even leading to anaphylactic shock which can be fatal.
Fortunately, those who have allergies are usually well aware of their situation and can live their life in relative ease while avoiding the specific items that they are allergic to.
It is when someone comes into contact with an allergen through no fault of their own and despite taking special precautionary measures that they are at risk of suffering a serious complication as they may not have enough time to quickly inject their life-saving medication.
If you, or someone close to you, has been the victim of an allergic reaction due to the negligence of another party then you may be able to claim compensation. Read on to find out more information about the process of filing an allergic reaction compensation claim.
Making Food allergy claims
There have been several high-profile cases over previous years of individuals suffering allergic reactions due to food products not displaying accurate information regarding their allergens.
One of the most notable cases being the tragic death of Natasha Ednan-Laperouse, who suffered a cardiac arrest on an aeroplane after ingesting sesame seeds from a Pret a Manger baguette that came with no warning label regarding its ingredients.
Since this event, the law around food labels has changed to welcome ‘Natasha’s Law’, and businesses that sell food must list all ingredients on food that is pre-packaged.
So, if you have an allergy and suffered a reaction from an ingredient in the item that you purchased, despite their being no mention of your allergen in its ingredients (or no ingredient list at all), then you may be eligible to make a product liability claim.
Can I sue if I have an allergic reaction?
If you have taken all reasonable precautions to avoid suffering an allergic reaction yet you still suffer one due to someone else’s negligence or a breach of their duty of care, then yes you should be able to claim compensation.
This could include a worker at a beauty salon using products on you that contain allergens after you had made them aware of your allergies. Or being the recipient of defective medical products that would otherwise have been safe for use had they not been defective.
There are prerequisites that need to have been met for your claim to be valid and have the highest chance of success.
You must be able to provide evidence that the person responsible for your reaction owed you a duty of care. This could be an employer, an employee, or a business.
There also needs to be evidence that the person responsible did not provide that duty of care and, as such, this caused you to experience an allergic reaction.
If you can provide proof for all of the above, then you have a stronger chance of being able to prove liability in court. Proof could include CCTV evidence, chat logs, proof of packaging or even witness statements, among other things.
An experienced personal injury solicitor like ours at Brown Turner Ross will be able to work with you to acquire any proof that you may need to win a case.
How much compensation can I expect if I suffer an allergic reaction?
The amount you could receive from an allergy compensation settlement will generally depend on the severity of your reaction and how much impact it has had on your life.
As a very broad example, for an allergic reaction compensation claim you may receive compensation of anywhere between a few hundred pounds to tens of thousands of pounds.
If you win your case, your compensation award will be made up of general and special damages.
General damages are there to provide compensation for your individual pain and suffering and any trauma that you experienced.
Special damages are to cover any funds lost as a result of your injury. This includes any legal fees, medical bills, transportation costs and loss of income due to being unable to work.
What happens if I have an allergic reaction while at work?
Product liability claims are not the only type of claim that can be made if you suffer an allergic reaction due to someone else’s negligence.
For example, here in the UK, there are rules and regulations that your workplace has to follow to ensure they provide all of their employees with a safe working environment. This includes a duty of care to you as an employee with allergies.
If you can prove that your employer put you at risk by working with materials that contained allergens or if you were provided with faulty equipment or defective vehicles that would otherwise have protected you from an allergic reaction, then you may be able to claim compensation against your employer.
Our experienced allergic reaction compensation solicitors
If you think you have been the victim of an avoidable allergic reaction due to the negligence of somebody else, get in touch with our team of experienced personal injury solicitors who can get to the bottom of your case and hold those responsible accountable.