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Food Allergy Lawsuits – Restaurants/Public Establishments’ Mistakes Or Negligence

There are many people in the U.S. who are affected by food allergies.  Some of the types of foods that people are allergic to are:

  • wheat products,
  • dairy products,
  • shellfish and other seafood,
  • soy products,
  • peanuts, or
  • other types of nuts.

Individuals with food allergy have a negative reaction after eating the type of food they are allergic to.  Some individuals have mild reactions, such as a skin rash, while others have serious reactions, such as difficulty breathing.  Individuals who have serious allergic reactions may go into anaphylactic shock and even die as a result.

Individuals with a serious food allergy may avoid eating out.  When they do eat out, they often make sure with the restaurants that the food they are eating does not contain the type of food they are allergic to.  Unfortunately, mistakes and cross-contamination happen, and individuals may suffer serious allergic reactions and/or life threatening anaphylactic shocks.  Injured individuals or families of the deceased victims may file food allergy lawsuits against the responsible parties.

More: Students With Food Allergies In Schools & Universities - Recent University Settlement Agreement Has Big Impact On Schools In The U.S.

Liable Parties In A Food Allergy Lawsuit

Most individuals who suffer serious allergic reactions or have anaphylactic shocks after consuming something they are allergic to are often out in public at a business such as a restaurant or at an event, like a company party.  Therefore, liable parties are often restaurants and businesses.  However, other parties may also be responsible:

  • hospital staff,
  • kitchen staff at nursing homes,
  • food staff on airlines or cruise ships, or
  • other food service companies such as caterers.

All of the above parties have a duty to make sure that a customer, who they know has a food allergy, is not served with the type of food they are allergic to.  For example, if a customer goes to a restaurant, informs the waiter of his peanut allergy and asks the waiter to make sure that there are no peanuts with his dish, the waiter has the duty to ensure that peanuts are not in his dish.  The waiter needs to know the ingredients in the dish, and if he does not know, he needs to make sure with the chef that the dish does not have any peanuts.  If the waiter, for some reason, does not make sure that the dish does not have peanuts in it and serves the customer with the dish, he and the restaurant may be responsible for the injuries and damages sustained by the customer as a result of a serious allergic reaction.

Other Food Allergy Article: Food Allergy Lawsuits – Cross-Contamination

Help Filing A Food Allergy Lawsuit

If you or a loved one suffered a serious or life-threatening allergic reaction at a restaurant due to someone’s mistake, call Daniel J. O’Brien to inquire about your legal rights.  Mr. O’Brien is a seasoned personal injury lawyer and ALWAYS offers a FREE initial consultation. 877.944.8396


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