By the Keep Food Safe team

Food allergies are a serious concern for millions of people, and when safety protocols are not followed, the consequences can be devastating. In some cases, individuals who experience severe allergic reactions may have grounds for a food allergy lawsuit.

This article explores the basics of food allergy lawsuits, including the legal obligations of food providers, types of negligence, and potential compensation for victims.
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Types of food allergies and common triggers

While there are many types of food allergies, the most common allergens, often referred to as the “Big 8”, include:

These allergens are responsible for most severe allergic reactions. Even trace amounts can trigger a reaction, making it critical for food providers to follow strict safety protocols in food preparation and labeling.
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How food allergy lawsuits happen?

Food allergy lawsuits are usually based on the legal theory of negligence. Negligence occurs when a food provider fails to meet the standard of care required to prevent harm. Some common scenarios that may lead to a lawsuit include:

• Cross-contamination: if a restaurant or food manufacturer does not properly separate allergenic foods from non-allergenic foods, cross-contamination can occur. This might happen, for example, when utensils or surfaces are used for both allergenic and non-allergenic foods without proper cleaning.
• Mislabeling: food manufacturers are required by law to label products with potential allergens clearly. When a food item is mislabeled or does not disclose the presence of an allergen, consumers can unknowingly ingest allergens, leading to a serious reaction.
• Failure to disclose ingredients: restaurants and food providers are required to disclose allergens when requested. Failing to inform a customer about ingredients that may cause an allergic reaction could lead to liability.
• Ignoring customer warnings: if a customer explicitly states they have a food allergy and the restaurant fails to take the necessary precautions, the establishment could be found liable.

Proving a food allergy lawsuit

To win a food allergy lawsuit, the injured party must prove that:

1. The defendant (the food provider) owed them a duty of care.
2. The defendant breached that duty through negligent behavior, such as failing to prevent cross-contamination or failing to label food properly.
3. The breach directly caused the allergic reaction and injury.
4. The plaintiff (the injured person) suffered actual damages, such as medical costs or pain and suffering.

In some cases, expert testimony may be required to establish the standard of care and show how the defendant failed to meet that standard.
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Compensation for victims

The damages awarded in food allergy lawsuits vary depending on the severity of the reaction and its impact on the individual. Compensation may cover:

• Medical expenses: this includes immediate treatment, hospitalization, and long-term care related to the allergic reaction.
• Lost wages: if the individual was unable to work due to their injuries, they might be entitled to compensation for lost income.
• Pain and suffering: this includes both the physical pain of the allergic reaction and the emotional distress caused by the incident.
• Wrongful death: in tragic cases where an allergic reaction results in death, the family of the deceased may file a wrongful death lawsuit seeking compensation for their loss.

The importance of food allergy lawsuits

Food allergy lawsuits are not only about compensating victims but also about encouraging food providers to improve their safety practices. Holding businesses accountable for their negligence can lead to better training, stricter protocols, and improved labeling, ultimately making the food industry safer for everyone.

Food allergy lawsuits serve as a vital tool for individuals who suffer from allergic reactions due to negligence. Whether caused by cross-contamination, mislabeling, or failure to disclose allergens, these lawsuits hold food providers accountable for their mistakes. By understanding your legal rights, you can take action if you or a loved one has experienced an allergic reaction due to someone else’s negligence.

For more information about food allergy lawsuits, consult the full article at Keep Food Safe website.