With more people across the country reporting food allergies, it’s become increasingly important for restaurants to be diligent in handling allergens. According to the Centers for Disease Control and Prevention, over 30,000 people are admitted annually to the ER due to food allergy reactions. But who is at fault when such an incident occurs at a restaurant?

According to the Food Allergen Labeling and Consumer Protection Act (FALCPA), the most common allergens are:

• Milk
• Eggs
• Fish
• Crustacean shellfish
• Tree nuts
• Peanuts
• Wheat
• Soybeans

Laws regarding food allergies vary significantly from state to state. However, one common principle is negligence. If a customer informs a chef, manager, or waiter about their allergies and still receives the allergen in their food, the restaurant may be negligent. The concern was clearly communicated, yet the restaurant failed to take the necessary steps to prevent harm.

Proving cross-contamination can be difficult. For example, if a chef touches a burger with peanut butter residue gloves, it can cause an allergic reaction. However, proving negligence in such cases is challenging since no peanut ingredient was directly used in the dish.

Sadly, there are rare instances where restaurant staff intentionally tamper with food, adding allergens despite being informed of a customer’s allergies. In these cases, more serious criminal charges can be filed against both the employee and the restaurant.

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At MossBerg Injury Lawyers, we understand that food allergies can be life-threatening. You may be entitled to financial compensation if you suffer an allergic reaction at a restaurant due to negligence. Here’s what you need to know:

Restaurants have a high duty of care for their customers. They must be aware of common food allergies and help customers understand the ingredients in their dishes. However, negligence applies to consumers, too. Restaurant patrons must also take steps to avoid known allergens. But if the restaurant acts negligently, it can be held liable for any resulting harm.

How to Make a Food Allergy Claim

To sue a restaurant for an allergic reaction, you must prove negligence. This involves establishing four elements:

1. The restaurant owed a duty to the customer.
2. There was a breach of this duty.
3. The customer suffered an injury.
4. The breach of duty caused the injury.

Reasons to Sue a Restaurant

Common reasons for restaurant lawsuits include food poisoning and allergies. If you believe you have a reason to sue a restaurant, contact MossBerg Injury Lawyers at 702-803-3227 for a free consultation.

Types of Restaurant Liability

Restaurants can be held liable for the following:

• Cross-contamination leading to allergic reactions
• Failing to inform customers about common allergens
• Providing incorrect information about ingredients
• Inappropriate response to an allergic reaction

Legal Standards and Theories for Restaurant Allergen Liability

There are multiple legal theories for holding a restaurant liable:

• Negligence: Failure to exercise reasonable care.
• Failure to Warn: Provide necessary allergen information.
• Intentional Tampering: Purposeful addition of allergens.

How to Win Your Restaurant Allergy Lawsuit

To win your case, you must prove:

1. You had an allergic reaction.
2. The reaction was due to food consumed at the restaurant.
3. The restaurant was negligent or failed to warn you.
4. The restaurant’s actions caused your adverse reaction.
5. You suffered losses and damages.

What Compensation Can You Recover?

Victims of restaurant food allergen incidents may recover:

• Medical bills
• Lost wages
• Diminished earning capacity
• Pain and suffering
• Emotional distress

We specialize in severe food allergy cases. Our team is dedicated to getting clients the help they need to rebuild their lives. We care about our clients and treat them like family. With significant experience and millions of dollars won for victims, we know how to handle food allergy cases effectively.

Contact Us
If you or a loved one have been affected by undeclared food allergens or suffered due to restaurant negligence, contact MossBerg Injury Lawyers for a free consultation. Call (702) 382-0000 today to set up your consultation and ensure you obtain the justice you deserve for your injuries.

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Protect your rights and make sure you obtain the justice that you deserve for your injuries by contacting our highly skilled food allergy lawyer at MossBerg Injury Lawyers today.