Our experienced lawyers represent people harmed by food allergies due to the negligence of a restaurant, hospital, or other business. The injuries suffered from an allergic reaction can be severe and even cause death. You can sue for damages caused by the consumption of tainted food or if you were served a meal containing a food item that you were allergic to at the time.
Food Allergy Statistics
According to the Center for Disease Control, a person is seen at a hospital emergency department every three minutes for a food allergy reaction. Every year almost 200,000 require emergency medical care due to an allergic reaction to food. Children are quite often the victims and hospitalizations of them have tripled in the last two decades for reactions.
Background on Food Allergies
A food allergy is a medical condition in which consumption and even exposure to a so a specific food causes a harmful response. The response is frequently referred to as an allergic reaction because most people suffer no harm from the exposure. Unlike food poisoning, the food type or item likely has no bacterial or other strain that causes an illness. Rather, it is simply the food item itself.
The symptoms of food allergies range from very mild, such as developing a rash, to difficulty breathing. In some circumstances, a person can develop anaphylaxis which is a serious allergic reaction and can lead to death. For this reason, people with food allergies usually ask numerous questions about a dish and the preparation of a meal to make sure they will not be exposed to danger.
Most Common Types of Food Allergies
A person can be allergic to almost any type of food, but the most common are:
- Milk (cow’s milk)
- Fish, including salmon, tuna, and halibut
- Shellfish, including shrimp and lobster
- Peanuts and tree nuts, including walnuts, cashews, almonds, and hazelnuts
Filing a Lawsuit
There are several legal reasons that qualify a person to file a food allergy lawsuit. This includes when a restaurant serves a customer a dish containing a food that the patron advised would cause an allergic reaction. Other times, a food will be included in the ingredients of dish that is known will cause harm to the consumer. Many times, the customer is simply just served the wrong dish.
The potential defendants in this type of case include restaurant employees, hospital staff, nursing home kitchen workers, cruise ships and airplanes. If a customer advises the server of serious allergy problem but is still served food that cannot be safely eaten, the business or company can be held liable.
The other alternative to file a case is when the food manufacturer includes a food particle in a product without disclosing it to the public. For example, a child allergic to peanuts may buy a candy bar with a label that does not indicate that any peanut products are contained in the food. If the child becomes ill then it can provide the basis for bringing a lawsuit.
How Much are Food Allergy Settlements?
Food allergy settlements depend on a number of factors. Primarily, it is the seriousness of the reaction that determines the amount of a settlement. Cases involving hospitalization and death caused achieve the highest settlements. Medical expenses paid for care and treatment related to the reaction are also included in a settlement.
Contact or Food Allergy Attorneys
If you or someone you care about suffered injury or harm due to a food allergy, you should contact our top-rated attorneys today. We will investigate your case and do everything possible to win you a settlement. We do not charge any legal fees unless you receive a settlement check.
Call us today to get started on your case.
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