People with allergies often take great care to avoid allergens, so when a food provider’s negligent behavior causes a reaction, it can be exceedingly distressing and potentially fatal. Food allergies can affect numerous aspects of a person’s life and can make it difficult to enjoy eating without anxiety that a meal may cause a reaction.
What Are the Most Common Ingredients That Cause Allergic Reactions?
Food-based allergies affect hundreds of millions worldwide, ranging from mild irritants to lethal contaminants. Some of the most common ingredients that people are allergic to include:
- Shellfish
- Nuts
- Gluten
- Dairy
- Eggs
- Wheat
- Soy
Most people with allergies are keenly aware of their restrictions and make concerted efforts to avoid eating those products. However, there is an increased risk of cross-contamination when eating at a restaurant. Sometimes, it can simply be an accident, but other times, the staff is negligent, leading to severe health complications.
Am I Eligible to Claim for an Allergic Reaction?
Going to a restaurant with severe food allergies can be a gamble, but restaurant owners have a duty to declare any food allergens in their dishes. For example, if you order pasta containing peanuts without a peanut label and you experience an allergic reaction, you can file a negligence claim with the restaurant.
If you buy food at a supermarket and the package doesn’t clearly state the presence of allergens, they can file a claim against the manufacturer for failure to warn. Even if the food doesn’t contain any allergens, the kitchen or factory where the food is prepared may use allergens in other dishes and products. Cross-contamination is particularly dangerous for those with severe allergies that trace amounts can trigger.
Who Is Liable for An Allergic Reaction?
When filing any claim, it’s essential to identify the liable party first. It can be challenging to determine depending on what happened. It is legally required that anyone selling food must clearly state the allergens in their recipes. If you eat at a restaurant and are not made aware of allergens and you have a reaction, the owner, manager, cooks, and waiters may be liable.
On the other hand, people with severe allergies are also expected to act reasonably and carry medications with them. They should also always inform the restaurant that they have allergies and ask that the server pass the message to the cooks. If you take all the necessary precautions and still have a reaction, it may be because the restaurant did not put proper allergen protections in place.
Simple things like using clean equipment and gloves to prepare an allergy-free meal can make an enormous difference. If they fail to do so, they have breached their duty of care as a food supplier.
Proving Liability in a Food Allergy Lawsuit
To receive compensation in a food allergy lawsuit, you must prove that your food caused your reaction. You may have been served contaminated food by accident, but even that can be considered negligent behavior, as a patron’s life could be at risk.
Unfortunately, there are also rare incidences of planned sabotage, including intentionally adding an allergen to a dish. While these cases are uncommon, they do happen, and the responsible party is usually severely punished.
When filing your claim, you must submit evidence to prove the presence of allergens. This evidence should include:
- Packaging that shows a lack of adequate warning
- A copy of the menu from the restaurant as proof that there were no allergy labels
- A medical report from the ER or your doctor showing that you experienced an allergic reaction
- A list of the other foods you ate that day so the ingredients can be carefully examined
- If possible, try to keep a sample of the dish that caused the reaction, as this can be crucial evidence
The restaurant is responsible for providing accurate and honest information about its food and facilities. If you tell them you have allergies, they must advise if you wouldn’t be safe eating there. Lying in an attempt to secure your business is malicious, and the restaurant will have breached its duty of care to its patrons. If a restaurant lies to you about the safety of its dishes, you will be able to sue it for compensation.
Compensation You May Be Granted
You may be eligible for three categories of damages to compensate you for your experience. Economic damages include medical expenses, lost wages, and burial expenses in the event of a fatal reaction.
Non-economic damages include compensation for the pain and suffering caused by the allergic reaction. These damages include physical pain and psychological distress caused by the allergic reaction.
Punitive damages may be awarded if the allergic reaction was caused by wanton misconduct or malicious behavior. Punitive damages are intended not only as compensation for the plaintiff but also as punishment for the defendant to discourage repeat incidents.
Support for Those Affected by Food Allergies
Navigating the world with allergies can be challenging, but the law has standards and protections for those who experience reactions due to negligence. Food providers are responsible to their customers, including allergen labeling and taking proper precautions to prevent cross-contamination.
Don’t hesitate to contact a lawyer if you suffer a severe reaction due to a food provider’s reckless behavior. A legal team like ours can guide you through filing a claim and even take the matter to court if necessary.
