Anyone who has an allergy is likely to have the worry of accidentally ingesting the allergen when their food has been prepared by someone other than themselves.
When eating out, once you have told the waiting staff you have an allergy and they assure you that the food order is safe to eat, the last thing you would expect is to then suffer a reaction which can in some circumstances be life-threatening.
On the day of the incident, the Claimant had gone to a restaurant for lunch and made it clear to the staff that she had severe nut allergies.
She was advised that there was only one item on the menu containing nuts, and that he would tell the kitchen staff to make sure they did not put any nuts in her food.
When a different staff member brought the Claimant’s food order out to her, she was specifically told it had no nuts in, so she proceeded to eat her meal.
After a few bites of the food, the Claimant started to suffer an allergic reaction as unfortunately there had in fact been nuts in the food after a mix up regarding the ingredients. The Claimant was required to be taken to hospital via ambulance for treatment and observations. Thankfully after some time, she was able to be discharged home.
In this case, the restaurant was alleged to have breached the Consumer Rights Act 2015, in that the goods supplied were not of satisfactory quality, not fit for purpose, not as described and that reasonable care and skill had not been exercised.
It was also alleged that they had failed to discharge their duty of care to the Claimant under the Occupiers Liability Act 1957, and that the restaurant was vicariously liable for the negligent actions of the staff members involved.
After investigations were carried out, the restaurant admitted liability for the incident and the Claimant was able to proceed to obtain medical evidence to support the extent of the injuries sustained as a result.
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