Millions of Americans have food allergies. For these people, exposure to their allergen can lead to symptoms ranging from mild to deadly. Caregivers, teachers, and healthcare providers do not always respond appropriately to allergic reactions, leading to further harm.
When someone else’s negligence led to your or your child’s exposure to a known allergen, you deserve compensation. Similarly, if medical personnel did not treat an allergic reaction effectively, you might have a claim against the provider. Speak with a Shelton food allergy lawyer about your potential injury claim today.
A food allergy is an immune response to proteins found in certain foods. Allergies can be mild or severe. While some people’s allergies might be mild, others might go into anaphylactic shock, a reaction that impairs breathing and could be fatal.
Someone could be allergic to almost any food, but some food allergies are quite common. The U.S. Food and Drug Administration has identified nine major food groups that contain common allergens. Food allergies can be managed in most cases, but there is no cure for them.
People and children with food allergies must take reasonable steps to avoid exposure, including informing medical personnel, schools, restaurants, and workplaces of the allergy. Once informed, the other party must act reasonably to protect the individual from exposure to their allergen. A Shelton attorney can investigate any accidental exposure to a food allergen to determine whether someone else’s negligence played a role in the incident.
Anytime someone seeks compensation after an accident, they must prove someone else negligently contributed to the accident and their injury. Negligence means that someone had a responsibility to use appropriate caution, did not do so, and someone else suffered injuries because of their failure.
An adult with food allergies must take steps to avoid the allergen. A parent whose child has an allergy must inform the school and the supervisors at any extracurricular activities of the danger the food poses to the child. When there is no disclosure of the allergy, the allergic person or their parent might be partially at fault for the incident. Connecticut General Statutes §52-572(h) might limit their compensation in that case.
When someone who has notice of the allergy does not protect the allergic person from exposure, they could be negligent. Similarly, responding ineffectively to an allergic reaction also could be negligent. When exposure to an allergen happens in a school or business, a Shelton attorney can work to hold the business owner liable for an employee’s negligence.
Improper food handling practices can lead to exposure to food allergens. For example, if a restaurant worker used a cutting board to filet a fish and did not disinfect it before using it to slice a roast, the person eating the roast might be exposed to fish protein, causing an allergic reaction. Cross-contamination is a frequent source of allergen exposure in restaurants, workplace and school cafeterias, prepared foods in grocery stores, and even butcher shops.
A person with a food allergy must ask if the ingredients in a menu item or prepared dish are not clear, and a server or other employee must accurately disclose the ingredients. When an employee does not provide full and accurate information about the ingredients in a dish and a customer or diner has an allergic reaction, the employer could be liable for the diner’s injuries.
School employees, restaurant workers, and members of airline flight crews must know how to respond to an allergic reaction. If a worker mishandles emergency response to a person who is suffering from exposure to a food-borne allergen, the injured person could bring a claim against the employer.
Healthcare professionals have a responsibility to provide effective treatment for allergic reactions. If they mishandle an emergency or fail to diagnose an allergy, a patient or their parent could bring a medical malpractice claim against the healthcare provider.
Exposure to an allergen can cause serious and even fatal harm. When someone does not take adequate care to prevent exposure to a food-borne allergen, they are responsible for paying compensation to anyone harmed by their failure.
Our Shelton food allergy lawyers understand this area of law and can help you understand your options. Contact Berkowitz Hanna today to set up your free initial consultation.
Berkowitz Hanna
