Living with food allergies is no easy ordeal. It requires unwavering trust in restaurant staff to ensure a safe dining experience. At Fielding Law, we understand the complexities of food allergies. We prioritize comprehensive legal support if you suffer a catastrophic injury from an allergic reaction at no fault of your own.
Understand the Risk
Food allergies are not a rare occurrence. They affect about 6% of American adults and children (CDC). This means 1 in 20 individuals must be extremely cautious with their meal choices to avoid potentially life-threatening allergic reactions. Shockingly, despite restaurant staff being aware of guests’ food allergies, more than half of all allergic reactions occur within restaurant premises (NIH). Food allergies are serious, leading to anaphylactic shock, a severe reaction with dire consequences.
Types of Claims
The first step to finding justice is determining the appropriate claim for your case:
Negligence
Negligence may arise in cases involving severe allergic reactions to food if a restaurant or food establishment fails to comply with a guest’s allergy notice.
In the case of Kanokporn Tangsuan, improper food handling practices and disregard for customer allergies led to her wrongful death. When negligence leads to catastrophic allergic reactions, the responsible parties may be held accountable for failing to uphold the duty of care owed to guests with allergies.
Tampering
Tampering with food items, whether intentional or accidental, can lead to severe allergic reactions. Such actions pose life-threatening risks for guests. The situation that occurred to Saira Weitz’s son showcases how dangerous cross-contamination can be to a guest with allergies.
Failure to Warn
Failure to provide adequate warnings about potential allergens in food products can have serious consequences. The wrongful death of Orla Baxendale showcases the danger behind mislabeling. She unwittingly consumed allergens she was unaware of, which ultimately led to a catastrophic allergic reaction.
How do I Know if I Have a Case?
Individuals affected by any of the above claims may pursue legal action to seek compensation for suffered due to allergic reactions. If you are unsure whether you are eligible for compensation, call 833.88.SHARK for a free legal consultation, which is available 24/7. At Fielding Law, we are here to navigate all the complexities behind a catastrophic injury from an allergic reaction and are equipped to bring you justice.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
