13 Jul. 2016

Food Allergy Lawsuits Can Be a Tough Nut to Crack

Posted By Haggerty, Goldberg, Schleifer & Kupersmith, P.C.

gavel and law bookWhen 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 becomes important.

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.

Categories: Personal Injury
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