Allergic reactions and liability
Food allergies are another serious health hazard and can cause anaphylactic shock or death, with the most common allergens being peanuts, tree nuts, sesame seeds, milk, eggs and fish.
A restaurant may be held liable if it fails to disclose allergens after being directly asked, if it misrepresents ingredients in a menu item, or if it fails to take reasonable precautions after being notified of a customer’s allergy.
Another high-profile lawsuit involves a man suing Walt Disney Parks and Resorts and Raglan Road Irish Pub after his wife died suddenly after eating at the restaurant. The lawsuit alleges that the wait staff was negligent and aware of his wife’s severe food allergies.
His wife, a doctor, was allergic to nuts and dairy products and it was claimed that the waiter guaranteed that certain foods could be made allergen-free. After leaving the restaurant, she suffered a severe acute allergic reaction and collapsed. Despite self-administering an Epi-Pen, she died of anaphylaxis due to elevated levels of dairy and nuts in her system, the lawsuit says, attributing the information to a medical examiner’s investigation.
To be successful, any lawsuit would have to prove that the restaurant was negligent and also show that a “duty of care” was owed to the customer. It will also be necessary to establish that actual damages have been suffered as a result of the food poisoning, such as pain and suffering, extended medical treatment costs and other associated costs.
#food #poisoning #food #allergies #personal #injury #claim