Amounts Awarded in Food Allergy Lawsuit Settlements

Food Allergy

A food allergy is an immune system’s reaction after one eats certain proteins in food. Sometimes, inhaling or touching those particular proteins is enough to trigger the reaction.

The body mistakes the particular food for a harmful substance and releases an antibody to neutralize the allergen.

The cause of food allergy is unknown, but the assessments of food allergy case studies over the years have provided adequate information regarding risk factors, diagnosis, and treatment.

Food Allergy Laws

There are numerous food allergy laws, from awareness to labeling food products. The U.S. Food and Drug Administration (FDA) recognizes milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame as the nine major food allergens. Companies are required to observe specific requirements when labeling products with these allergens.

Even though the regulations on these major allergens do not apply to restaurants, they still should be careful when handling them lest they cause a customer to have an allergic reaction, in which case they can work with a food allergy lawyer to protect their rights.

Significance of Filing a Food Allergy Lawsuit

A food allergic reaction can result in pain, fear for your life, travel costs to the hospital, costs related to medications, and hospital bills, among other damages. If you experience these due to the negligence of a restaurant, you should file a lawsuit to claim the damages you incurred. 

Allergy Awareness Laws for Restaurants

Although there are no federal food allergy laws for restaurants, awareness laws apply in Nevada. Restaurants should have an allergy-aware poster, a food allergen warning sign, and a logo for allergy awareness, among other awareness-related documents.

Additionally, restaurants should train their staff on food allergens. Numerous organizations offer restaurant staff programs accredited by the ANSI National Accreditation Board (ANAB). Upon passing the tests, each staff member will receive an ANAB-approved allergen awareness certificate. 

Disclosing Your Allergy to a Restaurant

It can be beneficial to disclose your allergy to the restaurant because if you get an allergic reaction and haven’t disclosed your allergy, the restaurant may argue that they could have avoided the incident if they had been aware of it.

However, this should not stop you from fighting for your rights. A restaurant should follow the right procedures when handling food to prevent any potential allergic reaction, whether or not they are informed of each client’s allergies.

A Restaurant Not Taking the Right Measures To Prevent Cross-Contamination

One food coming into contact with another can result in the mixing of proteins, regardless of how “negligible” the contact was. A small amount of food protein can cause a serious allergic reaction. 

A restaurant should prevent contamination at all costs when handling food, including discarding any food that may be contaminated by cross-contact during preparation and starting over.

If you can prove a restaurant failed to follow the needed steps to stop cross-contamination, you may be eligible for a food allergy lawsuit settlement amount.

Proving Restaurant Negligence

It is challenging to prove food allergy negligence. Nonetheless, it’s possible, especially if you act fast. Different elements can help you prove it, such as your medical records, witness statements from other customers, a notification you gave the restaurant concerning your allergy, menus, and labels, and photos/videos. Seeking the help of a food allergy attorney can help you gather these and more details.

Common Defenses Restaurants Use

Food allergy lawsuit settlement amounts can be high, and lawsuits, in general, can ruin the reputation of restaurants. To protect their businesses, restaurants usually employ different defenses in allergy cases. 

Common ones include:

• The use of an allergy disclaimer (on menus)
• Stating the customer failed to inform them of their allergy 
• Claiming the customer should have been aware of the danger since it was reasonably expected 
• Refuting the link between the food served and the allergic reaction

What To Do if You Suffer a Food Allergy Reaction

If you suffer a food allergy reaction when eating out, get medical attention immediately before the symptoms worsen. Call 911 or notify someone to help you use your epinephrine.

Obtain witness statements from a few customers and get their contact information. Take photos and videos of the food you ordered, the menu, allergy warnings, your receipt, and other relevant details.

You can ask someone to help you gather evidence while you get medical attention because things may have changed when you return.

Before leaving the restaurant, formally report the case to the manager, if possible.

Other Situations That May Result in a Food Negligence Lawsuit

Besides cross-contamination, other situations can lead to food allergy lawsuit cases, including a restaurant failing to provide details about common allergens, incorrectly informing a customer about the ingredients in a food, giving incorrect information when a customer asks about allergens, and not responding appropriately during an allergic reaction.

The Danger of a Food Allergy

Food allergy is dangerous because symptoms can be life-threatening. Some people experience anaphylaxis, which causes difficulty breathing. A Disney World food allergy death was reported at the beginning of 2024. The doctor died from anaphylactic shock after eating at a restaurant.

Food Allergy Under Personal Injury Lawsuits 

A food allergy case can be considered a personal injury lawsuit since it involves duty of care, breach of duty, causation, and damages. In the event of death, like in the above example, grounds for a wrongful death lawsuit can be created.

Evidence for Food Poisoning Lawsuit

If you get sick after eating contaminated food in a restaurant, you can file a food poisoning lawsuit. The evidence you will need is anything that can link your sickness to the food you ate, such as your medical records and restaurant receipts.

Damages You Can Recover From a Food Poisoning Case

If you get food poisoning from a restaurant, you can claim medical bills, lost wages, pain and suffering, and emotional distress. Take time to assess these damages to make informed decisions.

A Lawyer for Food Allergies

Since a food allergy lawsuit is a personal injury matter, you need a personal injury lawyer to help you receive a fair food allergy lawsuit settlement amount.

The Worth of a Food Allergy Lawsuit

Each personal injury lawsuit is usually unique, including those involving allergic reactions in restaurants. The worth of a food allergy lawsuit will depend on each circumstance.

The Statute of Limitations for Filing a Food Allergy Lawsuit

The earlier you file a food allergy lawsuit, the better. However, you have to follow the statute of limitations to protect your eligibility for filing. Nevada has a two-year statute of limitations for personal injury claims.