Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To want some sort of compensation?

45 replies

newmun · 23/10/2018 19:51

So last wednesday a friend and me went for lunch with our 12 week old babies... before ordering asked waiter to check my dish didnt contain cashew nuts.. he said no! So i went ahead , ordered and started eating. Then felt really unwell, another member of staff then said it did contact cashews. No member of staff apologised. Had stomach pains for days after and an it hy rash which happens everytime. Ive tried contacting several legal firms who tell me it is unlkely to be taken on and i should go to a small claims court. Will i win? Also note my friend paid cash and was given no reciept and i walked out as i was vomiting. No incident report filled either.

OP posts:
Original poster
newmun · 23/10/2018 19:52

That was suposed to say itchy rash. And i should mention i have been to an allergy clinic who said an epipen was not necessary

OP posts:
MarthasGinYard · 23/10/2018 19:52

What dish was ordered?

MarthasGinYard · 23/10/2018 19:53

Asking as cashews are quite specific

JacquesHammer · 23/10/2018 19:54

I wouldn’t want compensation unless you suffered material loss.

I would want assurances from them their procedures had been updated

springmachine · 23/10/2018 19:54

This has happened to me before and luckily like you the uncomfortable rash and sickness is mostly as bad as it gets.
What is infuriating is should that happen to someone who is severely allergic it could very well be deadly.

I'm cross on your behalf that they didn't even bother apologising.

MoveOnTheCards · 23/10/2018 19:55

While the restaurant’s response has been nothing short of crap, i’m not sure what you want compensation for? Surely it would be appropriate for the restaurant to apologise properly and overhaul their practices and procedures when it comes to food allergies?

LIZS · 23/10/2018 19:56

You could report to Trading Standards. Allergy awareness is sadly very topical atm. If you complain to the manager you are most likely to just get a free meal another time. Was your reaction documented?

Hidillyho · 23/10/2018 19:57

Did either of you speak to the restaurant at the time?
What was it that you ordered? I would definitely be pissed off but I wouldn’t think to take it further than asking them to refund my meal

Littletabbyocelot · 23/10/2018 19:57

Go to environmental health. Not for you but for the next person who is fatally allergic. Getting allergens wrong is unforgivable.

I had a similar situation where I was told a sandwich did not contain a specific ingredient my dc are allergic to. It did. They pood blood for a week. I complained and was offered... A voucher got a free sandwich! I wanted assurance it wouldn't happen again, didn't get it and didn't bother with the voucher. It was only later I found out environmental health want to know.

SwizzelsFizzers · 23/10/2018 19:57

What loss would you be claiming for?

MynameisJune · 23/10/2018 19:59

What monetary value have you lost that you need compensating for?

I’m allergic to nuts, this happened to me on a cruise and I ended up very poorly in the ships hospital. I didn’t sue them, just made sure they to investigated it to make sure it didn’t happen again to someone else. I didn’t lose any salary or anything else to be compensated for.

Allthewaves · 23/10/2018 20:02

You have no record of eating meal there. I doubt a solicitor would take the case on there's nothing really to compensate you for.

Namelesswonder · 23/10/2018 20:05

Trading Standards should be informed as legally they should be able to provide correct allergen information and to ensure action is taken so it doesn’t happen again. Very much doubt you would get compensation.

DD is Coeliac with multiple allergies- she easily gets glutened via cross contamination but we have never sought or been offered compensation just assurances of lesson learned.

ElspethTascioni · 23/10/2018 20:08

Well of course it is possible to bring a claim for your “pain, suffering and loss of amenity” - stomach cramps, pain, vomiting would all fall under this heading, but if a number of solicitors have looked at it and said not worth pursuing (presumably value less than £1000) then it isn’t worth pursuing because if you brought a small claim yourself you wouldn’t be able to recover your costs - and you’d need a report from a medical expert to win your case.

Report to trading standards and move on?

itswinetime · 23/10/2018 20:15

I can't see it being successful to be honest you have no proof of eating, there no proof of what you did order, no proof you were told incorrect information and unless you took photos or saw a dr probably no proof of the rash/vomiting (even if you do you don't have proof the exposure happened there). I don't see how a judge could find in your favour honestly. I'm not legal but my understanding is if you were to claim and win the most you would be entitled to is a refund of the meal and any loss of earnings ect that you have had. To me it wouldn't be worth it. Report to transing standards for future safety That's all I would do.

Aridane · 23/10/2018 20:29

I,wouldn’t want compensation but would report to the relevant authorities

Celebelly · 23/10/2018 20:31

I wouldn't necessarily claim compensation but I'd contact the managers of the restaurant and trading standards/environmental health too, as if staff are unaware of allergens, it could have a much more serious ending next time. They were hugely fortunate that you didn't have a more severe reaction.

Original poster
newmun · 23/10/2018 20:43

It was pesto Shock unsure how to reply to someone specifically? My husband had to take the day off work and i spent the rest of the day in agony and vomitting. Not to mention i had my baby with me and its bloody scary when it happens.

OP posts:
DENMAN03 · 23/10/2018 20:47

As a claimant you have to prove your case. If solicitors won't take your case on then it's because your chances of bringing a successful claim are slim.

isseywithcats · 23/10/2018 20:59

Pesto contains pine nuts not cashew nuts so when you asked if it contained cashew nuts and the waiter said no he should have been right

Original poster
newmun · 23/10/2018 21:03

Lots of supermarket pestos are made with cashew nuts Angry so thats why i asked. And he said it was made with basil and olive oil and i assumed it had been made on premises Confused

OP posts:
NoSquirrels · 23/10/2018 21:03

Pesto contains pine nuts not cashew nuts so when you asked if it contained cashew nuts and the waiter said no he should have been right

No - he should have checked specifically. Because what classic pesto is made with pine nuts, cheap readymade pesto often uses cashews too and he should t have presumed.

Do report it OP.

Thesearmsofmine · 23/10/2018 21:05

I would report it totrading standards so it is investigated but I am not sure what you want compensation for.

MakeAHouseAHome · 23/10/2018 21:09

You said you started to feel unwell while eating it, so why did you pay the full bill? I would have expected your meal to have been taken off the bill and be done with it. When the second waiter said it did contain cashews what did you do/say? As others have said, not sure what additional compensation you want?

PawPawNoodle · 23/10/2018 21:11

Did you explain that it you were asking due to an allergy?