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Food Allergies and the Law

Pursuing Your Legal Rights and Helping Others

Food allergies are a serious health concern and must be taken seriously by businesses. 

When restaurants, food providers, or other businesses fail to properly safely handle allergens or inform their customers about the presence of allergens or potential cross-contact, it can have devastating and sometimes fatal consequences.  

At Red Sneakers for Oakley, we are fortunate that we have a Board Advisor who is a personal injury attorney with a food allergy — and has a passion for pursuing these types of cases.

Craig Goldenfarb, Esq, of GOLDLAW, in Palm Beach County, Florida, has been litigating against those responsible for other’s injuries or preventable deaths for almost 30 years. See GOLDLAW.com to obtain more information about his law firm.

Mr. Goldenfarb himself has a life-threatening allergy to tree nuts, and has gone into anaphylaxis three times in his life due to the accidental ingestion of tree nuts. He and his staff of trial lawyers are well-qualified to handle this type of case and are familiar with experts in the areas of food handling, allergen prevention protocols, and all other areas of civil liability in these types of cases.

Mr. Goldenfarb and GOLDLAW are available at 561-222-2222 and at 1-800-GOLDLAW for a free consultation.  GOLDLAW can handle your case in any state in the United States, and, if necessary, can find and co-counsel with another attorney in your state, with experience in this complex area of law, for no additional cost to you or your family.

FAQs

Legal topics related to food allergy incidents

  • To have a case, you’ll need to prove several things: 

    • Allergic Reaction must have occurred: You or a loved one must have demonstrably suffered an allergic reaction after consuming the allergen. Medical records documenting the reaction are crucial. 

    • An allergen was in the food: Evidence needs to show the presence of the allergen in the food consumed. This might come from samples taken from leftovers or restaurant/retailer records or can come from the mere fact that a reaction occurred. 

    • Restaurant/Retailer/Business Negligence: You’ll need to show the restaurant was negligent in handling the situation. This could be due to: 

      • Misrepresentation: The restaurant claimed the food was allergen-free when it wasn’t. 

      • Cross-contact: Improper food handling practices caused allergen contamination of your food. 

      • Inadequate communication: The restaurant/retailer staff failed to properly communicate allergy warnings despite your informing them. 

      • Inadequate response: the restaurant/retainer failed to properly react to the situation by calling emergency services timely, or at all. 

      • Violation of standards/regulations: the restaurant/retainer failed to meet rules, regulations, or industry standards in its food handling practices.

  • Food allergy cases are complex and require the services of an attorney. The insurance company for the business is not interested in treating you fairly; they are interested in saving money and maintaining the insurance company profits.

    A personal injury lawyer specializing in food allergy cases is necessary to obtain fair compensation: Here is how: 

    • Evidence Collection: Attorneys know how to gather and preserve evidence like medical records, witness statements, video evidence, and restaurant protocols to build a strong case. 

    • Understanding Complexities: Food allergy lawsuits involve understanding food safety regulations and negligence laws. An experienced attorney can navigate these complexities. 

    • Locating Experts: only attorneys experienced in such cases can locate the best experts in the field to discuss why the restaurant/retainer failed in their duty to keep their customers safe from allergens. 

    • Negotiation and Representation: Attorneys have the skill and experience to negotiate with the restaurant or retainer’s insurance company for a fair settlement or represent the family in court if necessary. 

    • Advocacy: Attorneys act as dedicated advocates for the victim, handing legal proceedings and allowing the individual to focus on recovery from their loss. 

  • Acting promptly has benefits: 

    • Preserving Evidence: The sooner you involve a lawyer, the better chance they have of securing crucial evidence like leftover food or restaurant/retailer video recordings, or witness statement. 

    • Witness Memory: Memories fade over time. A lawyer can promptly interview witnesses to get the most accurate recollection of events. 

    • Statute of Limitations: Each state has time limits (statute of limitations) for filing a lawsuit. Waiting too long can forever bar your claim. In Florida, you have two (2) years from the day the injury occurred, but every state is different. 

  • NO! Personal Injury lawyers work on a contingency basis which means: 

    • No Upfront Fees or Costs: The client does not pay any upfront fees or costs! The lawyer’s fees are contingent upon winning the case or securing a settlement. 

    • Percentage of Settlement: The lawyer receives a predetermined percentage of the settlement or court award as their fee - clients are not billed at any time during the case. 

    • Risk Assessment: Personal Injury lawyers typically offer a free consultation to assess the viability of the case, ensuring they take on cases with a reasonable chance of success.