A successful businessman, Mohammed Khalique Zaman, who runs a chain of Indian take away restaurants has been charged with manslaughter by gross negligence after Paul Wilson, a publican, suffered a fatal nut allergy after eating a curry from The Indian Garden in Easingwold, North Yorkshire.

What is Gross Negligence Manslaughter?

The Crown Prosecution Services’ Website defines it as a situation where:

The death is a result of a grossly negligent (though otherwise lawful) act or omission on the part of the defendant.  The 4 Stage test involves the following stages:

a) the existence of a duty of care to the deceased;
b) a breach of that duty of care which;
c) causes (or significantly contributes) to the death of the victim; and
d) the breach should be characterised as gross negligence, and therefore a crime.

The Circumstances of this Nut Allergy Reaction

Mr Wilson purchased a curry from The Indian Garden in January 2014 but collapsed and died at his pub, the Oak Tree, in Helperby, Thirsk.  If Mr Wilson informed the Indian Garden that he had a nut allergy they had a duty of care to ensure that the curry he was given was free from any allergens which he had informed them of.

Other Nut Allergy Claims

• In 2011, the Spice Lounge, a curry house in Norfolk was ordered to pay a £6,000 fine after a customer suffered an allergic reaction  which led to her being taken to Hospital.
• In 2014 a gardener who had a nut allergy passed away after eating an indian curry.
• In 2015 Shahida Shahid died after eating a meal at the Almost Famous restaurant is in Manchester.

Chat to our Nut Allergy Solicitors on freephone 0800 652 0586.

We act for lots of clients who have suffered nut allergy reactions at restaurants, takeaways or at home despite warning the restaurant about their allergies.  The new Food Allergy Labelling laws should help to reduce these instances but companies need to ensure that staff pass such crucial information on to the kitchen.

Food Allergy Labelling Laws – read about them here.

100% of our nut allergy claims are made on a No Win No Fee basis which means that you do not have to worry about any financial risk at all as if your nut allergy claim is unsuccessful it will not cost you anything.

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About the Author

Ask for David Healey

Call: 01663 761 892

Email: [email protected]