Food Allergies: Who is Held Liable?

Food allergies may be a serious and life threatening condition for anyone prone to severe reactions, especially children. The news covers stories of tragic deaths caused by serious allergic reactions brought on by food substances, but what is a food allergy, and who is at fault for such unnecessary deaths due to food allergies? Food Intolerance: As consumers of the food industry, it is important to establish a difference between food allergies and food intolerances. Food intolerance may result in discomfort but not life-threatening situations. A person may have a food intolerance to a specific food or product, like milk. For those who are food intolerant, consuming large quantities may result in general pain, cramps, upset stomach, diarrhea, or heartburn. The person may avoid consuming food intolerable products to eliminate unnecessary discomfort, but they remain in no immediate danger if they accidentally consume intolerable foods.

Food Allergy:

Food allergies affect each individual differently, but all allergies represent a hypersensitivity that affects the immune system every time the person consumes the food. An allergy may appear as hives, wheezing, nausea / vomiting, and may prove fatal if untreated. When an allergic reaction occurs, often times the individual experiences anaphylaxis, a serious allergic reaction, and needs an epinephrine auto‑injection followed by immediate medical assistance. Children often experience the most life threatening food allergies, but may outgrow some of those allergies as they age. Only a doctor can properly determine a food allergy when performing an allergy test, and after knowledge of a person’s family history.

The death of an unknowing individual who experienced an allergic reaction draws attention to food liability—who is liable for a wrongful death occurring in direct correlation to a food product? Between growers, distributors, servers, and customers, someone must be held liable for life threatening situations. But these food lawsuits and cases may be difficult to prove. An individual must first prove that the food consumed was contaminated with an allergic-causing substance that was not clearly indicated or labeled. Then the individual must prove that the contaminated food caused the allergy, reaction, and, in some cases, death.

A serious allergic reaction can be fatal. If you or a loved one suffered a harmful or deadly food allergic reaction, you may be entitled to compensation for your pain and loss. Contact the attorneys at Alvandi Law Group for a free consultation with no obligation. Call (800) 300-2121 to discuss the facts pertaining to your individual case. An experienced and professional Personal Injury Attorney located in Long Beach, California may be able to help you seek justice.