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Airline denying liability with regards to allergen information

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  • Airline denying liability with regards to allergen information

    Hello,

    I have a question....

    My family and I were due to fly long haul (12 hour flight) on holiday over Easter. My 3 year old son has nut and sesame allergies, we carry his anti-histamine medicine and epi pens everywhere we go. 40 mins prior to boarding our flight we were in an airline lounge (not the airline we were due to fly with) and I asked a waitress if one of the desserts in the self service counter had nuts. She immediately shook her head and said no. There was no allergen information displayed anywhere. Long story short - it did have nuts in it, we had to administer his medication, a paramedic was called who then said we needed to go to A&E for 3 hours minimum observation. We missed our flight.

    The lounge airline are now saying that it cannot accept any liability, that I did not wait for an answer from the waitress and as it was self serve it was our prerogative to select and consume.

    To say that I lied is despicable - my son could have died had his allergies been more severe. We were already on high alert as it was a 12 hour flight and why on earth would I have asked the question only to not wait for an answer? I had a huge bag full of food that was allergen free for him just in case the food on the flight was not suitable. He is nearly 4 years old and I've been managing his allergies since he was 6 months old. Why would I fail at this last hurdle before a long distance flight.

    We have contacted one law firm who say they are unable to offer a no win no fee agreement (despite not asking for one and saying I would pay any fees incurred).
    Do I have any legal basis at all to make a claim? If I were to go down the route of making my situation public knowledge on social media are there any repercussions?

    I'm just quite furious and frustrated that this has happened and they are denying any knowledge or liability.

    Thank you in advance.
    Tags: None

  • #2
    Only playing Devil's Advocate here, but if you had a huge bag of allergen free food ready prepared for him, why take the risk of feeding him an unknown dessert "If there was no allergen information displayed anywhere"?

    I know that you asked the waitress and you were told it was nut free, but I'm not sure it was a risk I'd have taken. (In fact, in the absence of a displayed notice that the food was nut-free I don't think I would have fed it to him.)

    But see what others say.

    Was this in the UK? Is it possible the waitress's first language was not English and that they didn't fully understand what you were asking?

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