Food Allergy Lawsuit

When dining out or shopping, consumers, including those with allergies, have a right to expect their food to be safe for consumption. However, many people experience serious illnesses or even die when food providers are careless. At Keep Food Safe, we connect food allergy victims and their families with law firms that can hold the responsible party accountable. Contact us to get connected with an attorney and learn more about filing a food allergy lawsuit.

From sesame seeds sprinkled on buns to eggs used in salad dressing, even small amounts of certain foods can trigger life-threatening allergic reactions. Food allergy lawsuits aim to hold restaurants, food manufacturers, grocery stores, and other providers responsible when their negligence results in dangerous contamination.

If you or a family member becomes ill due to an allergic reaction caused by an unexpected allergen in food, you may have grounds to take legal action. Remember that you do not need to handle the situation alone. Contact Keep Food Safe to get connected with a food allergy lawyer who can evaluate your case and explain your legal options.

Can You Sue for a Food Allergic Reaction?

Yes. You can pursue legal action if you or a family member experienced an allergic reaction caused by the carelessness of a restaurant, food manufacturer, grocery store, or other provider.

Restaurants, grocers, and other food providers must ensure the safety of the food they serve and sell. Everyone deserves to have confidence in the safety of the food and beverages they consume. If those responsible for causing illnesses and allergic reactions are not held accountable, necessary improvements will not occur. Food allergy lawsuits help hold food producers and distributors liable for the harm they cause.

Every state, as well as the federal government, has numerous laws addressing food safety standards in their jurisdiction. An experienced food allergy lawyer can investigate the facts of your case and evaluate the governing law to bring a legal claim on your behalf. Securing financial compensation normally requires proving that the defendant’s carelessness directly caused your allergic response and related losses.

How Does Negligence Cause Food Allergy Reactions?

Showing that a restaurant or other food provider caused your allergic reaction may involve proving:

Failure to list allergenic ingredients, such as nuts, dairy, eggs, and shellfish on menus and packaging labels
Miscommunication between staff about what a meal contains
Improper storage that contaminates ingredients through comingling
Disorderly kitchen practices that lead to mix-ups
Inadequate training on allergen protocols

In the worst cases, this kind of carelessness may cause life-threatening anaphylaxis in patrons. However, even mild allergic reactions can lead to significant medical intervention, overwhelming bills, missed time at work, and prolonged suffering.

Among other things, to avoid liability for food allergy reactions, providers must:

Accurately inform customers of allergenic ingredients in menus and packaging labels
Adhere to strict avoidance protocols when preparing allergen-free dishes
Properly label products containing allergens
Adequately train and supervise staff on food safety policies and procedures

What Are the Most Common Food Allergies?

While over 170 food products can lead to allergic reactions in humans, most cases stem from just a handful. The Centers for Disease Control and Prevention reports that 90 percent of allergies are associated with the following eight food types:

Milk
Eggs
Peanuts
Tree nuts (e.g., almonds, walnuts, and pecans)
Wheat
Soy
Fish
Shellfish (e.g., shrimp, lobster, and oysters)

Food allergies occur in one in every 13 children, which translates to roughly two students per classroom. While many children outgrow early-life allergies to milk and eggs, other food sensitivities persist for life. Some people even develop allergies in adulthood.

As globalization expands the variety of food we consume, more and more people may find themselves susceptible to new allergies. For example, sesame allergies are currently emerging in some populations. As a result, the Food and Drug Administration classified sesame as the ninth major allergen in the U.S. in 2021. Despite these developments, labeling practices and regulatory policy lag behind the heightened risks for susceptible consumers.

How Much Is a Food Allergy Lawsuit Worth?

Compensation varies widely based on circumstances unique to each case, such as reaction severity and treatment costs. Factors involved in determining a settlement may include:

No amount of money can make up for a lost life. However, surviving family members or legal representatives can seek compensation through a wrongful death claim if someone dies because of an allergic reaction.

In some cases, defendant companies may go bankrupt when thousands of harmed individuals choose to sue, which can limit the funds available to pay settlements and damages awarded in court. Victims should act quickly to protect themselves in the event of a defendant’s bankruptcy.

Damages You Can Claim in a Food Allergy Lawsuit

Compensation in personal injury lawsuits, including those involving food allergies normally comes in three categories. They are:

Economic damages – This covers monetary losses, such as medical bills, lost wages, and rehabilitation costs.
Non-economic damages – This covers intangible effects on physical health and emotional well-being, including loss of enjoyment of life, pain and suffering, emotional distress, and permanent disability.
Punitive damages – Though rarely awarded, punitive damages are reserved as punishment for egregious behavior or intentional harm caused by the defendant.

How Long Do You Have to File a Food Allergy Lawsuit?

Each state sets a deadline for filing lawsuits through laws known as statutes of limitations. Depending on the type of claim and the state you file in, the deadline normally ranges from one to six years. If you miss the correct filing deadline, you may lose your legal right to seek compensation from the at-fault party in your allergy lawsuit.

Therefore, you should consult with an attorney as soon as possible. Doing so will also give them time to procure evidence and testimony while it is still fresh. Your lawyer can also begin requesting records regarding supply chains, safety protocols, and more. Until you file a lawsuit, lawyers cannot access corporate and health department documents.

Defendants often push for quick settlements, but these often result in lower payouts, especially when victims accept settlement offers before consulting with an experienced attorney. Working with a lawyer can strengthen your claim and increase your chances of receiving full and fair compensation that covers all your damages.

Proving a Food Allergy Lawsuit

Depending on the laws in your state and the facts of your case, your attorney can base your claim on a number of legal theories. They include the following:

Negligence

Most personal injury cases rely on a negligence theory of liability. To recover compensation via this route, you must prove four legal elements:

Duty – The defendant owed a duty to take reasonable care to avoid harming you.
Breach – The defendant failed to uphold their duty of care.
Harm – You suffered a loss or harm.
Causation – The defendant’s breach of duty directly caused your loss or harm.

If the defendant caused your reaction by violating a safety law or regulation meant to protect consumers from allergens, your attorney may also rely on the theory of negligence per se. This is because the violation may itself be evidence of negligence.

Strict Product Liability

Strict liability is “strict” in the sense that it allows a court to hold defendants responsible regardless of how much care they take to avoid causing harm. In other words, if a defendant’s food can be directly tied to your allergic reaction, that is enough. However, state laws regarding strict liability vary widely, so it is important to consult with an attorney to see whether or not it is a viable route for your lawsuit.

Breach of Warranty

All food served and sold comes with an express or implied warranty that it is safe for consumption. When this warranty is violated, the defendant may take on liability. Proving a breach of warranty in food allergy cases normally requires showing that the food you consumed contained an allergen you did not expect. For example, a photo revealing the presence of peanuts in a dish advertised as peanut-free would be strong evidence of a breach of warranty.

Why Should You File a Food Allergy Lawsuit?

Beyond recovering treatment costs, lost income, and securing your ongoing living needs, additional reasons to explore your legal options after an allergic reaction include:

Holding careless food distributors accountable for endangering the public
Incentivizing improved allergy safety protocols to prevent harm to others
Promoting awareness among producers and consumers alike
Honoring people injured and killed due to lapses in food safety

Keep Food Safe con connect you with experienced attorneys who help victims and their families understand their legal rights and options after an allergic reaction. They will fight on your behalf for compensation and a safer and more just food system. Contact Keep Food Safe to connect with a food allergy attorney and discuss your potential food allergy lawsuit.