When you go to a restaurant or out to eat, the last thing you probably
consider is something going wrong. However, there are people who have
to worry about what they’re eating, especially when certain ingredients
are not listed. Unfortunately, this is a real situation that happens quite
often, more than people would like to believe, and sometimes, it results
in the person having a bad allergic reaction to what they have eaten.
When this happens, who is considered responsible? Is it possible to take
legal action in these types of matters?
As our team has seen before, food allergy lawsuits can be difficult. It
is important to understand what becomes evidence in these types of cases
and what needs to be established. For instance, a person is allergic to
peanuts and goes on to eat something made with peanuts and suffers an
allergic reaction. What do you need to show in order to legitimately have
a case? Determining liability completely relies on the ability to prove
that there was a duty of care or a duty to warn the consumer, and that
duty was not met.
In a case we had, our client bit into an eggroll, not knowing that peanut
butter was used to enhance the flavor. It wasn’t mentioned on the
menu and the customer was not warned. After taking a bite of the eggroll,
our client began to have a mild allergic reaction which later resulted
in anaphylaxis. Because there was a duty to warn that was not met by the
restaurant, our client was able to successfully file a lawsuit. The restaurant
decided to settle because they did not successfully warn of the ingredient
that resulted in the reaction.
These types of cases are not just about securing compensation, though.
There is more to it than that. It is about achieving justice and helping
to prevent problems in the future by holding food providers accountable
for their oversights. In our case, not only was our client compensated,
but part of the settlement was the restaurant agreeing to change the language
on its menu. This included warnings of allergens so consumers can make
choices free from foods to which they may be allergic.
Restaurants, food providers, and manufacturers should have a duty to make
sure people are aware of what is in their food. With so many allergies
and the severity of allergic reactions, this is an important measure to
take. Unfortunately, it doesn’t always happen and it leaves other
people susceptible to serious conditions that can lead to long-term injuries
or even death. In any kind of food allergy lawsuit where failure to provide
care or failure to warn becomes involved, the responsible party should
be liable for damages they have caused. This is where skilled legal counsel
At Haggerty, Goldberg, Schleifer & Kupersmith, P.C., our
Philadelphia personal injury attorneys remain dedicated to individuals and families who have been effected as
a result of negligence, including failure to provide a duty to care or
failure to warn. We are backed by decades of collective experience and
always put our clients’ best interests to the forefront of our practice.
When it comes to seeking the compensation and justice you deserve, you
need to have a committed team behind you, advocating at your every move.
Call us today to discuss your potential case if you have been harmed and we will take
the time to explain your rights and options every step of the way.