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Can a restaurant be held liable for using peanut oil in preparing a meal for someone with a peanut allergy?

 

A:

Restaurants can be held liable for negligence in preparing a meal that leads to injury. The key is negligence on the part of an employee of the restaurant, i.e., hostess, waiter, management, chef, etc.

Negligence generally means failing to act or acting unreasonably under the circumstances. So long as the restaurant had knowledge of the peanut allergy prior to preparing the meal, it could be held liable for using peanut oil either knowingly or under circumstances that it should have known that it was using peanut oil. Read more about peanut allergies and peanut oil. This applies not only to restaurants, but also school cafeterias, cafes, bars, etc. 

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Peanut & Food Allergy Lawyers

If you or a loved one has suffered serious illness as a result of ingesting or coming into contact with peanuts or peanut oil, feel free to contact our food allergy lawyers for a free, no obligation consultation. 877.944.8396. Our law firm has the experience and resources to handle food allergy cases against food manufacturers, restaurants, and more.

**DISCLAIMER: This website does not provide any legal advice or create any attorney-client relationship. Each case is unique and requires review by a qualified attorney. Discussion of prior outcomes or results is no guarantee of the same or similar outcomes in current or future cases.


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