Can I Sue for Food Poisoning After an Allergic Reaction? | IL

 Posted on August 28, 2024 in Food Allergies

Approximately 6 percent of children and adults in the U.S. have food allergies, with allergic reactions to food ranging from mild tingling or itching to life-threatening conditions. In a recent U.K. tragedy, an allergic reaction to cow’s milk was fatal.

Can you sue a restaurant or food vendor for food poisoning if you have an allergic reaction to the food they serve you? How do you know if you qualify? A knowledgeable lawyer from Newland & Newland, LLP can discuss your case and provide answers during your free consultation.

What Happened in the U.K. Incident?

A mother and her 13-year-old daughter ordered soy hot chocolate drinks at a coffee shop. The mother explained that the girl had severe allergies to cow’s milk and requested that the shop’s employees clean their equipment before preparing her order. After taking only one sip of the hot chocolate she was served, the girl experienced a severe allergic reaction, which led to her death later that day.

The results of an inquest into the death state that "The root cause of this death is a failure to follow the processes in place to discuss allergies combined with a failure of communication between the mother and the barista." The shop also allegedly failed to provide the mother with an allergy booklet. While this incident happened in another country, it could easily happen in Illinois.

What Responsibilities Do Food Sellers and Providers Have?

Even if they have food allergies, people have to eat. Packaged food sellers must follow labeling regulations enforced by the U.S. Food and Drug Administration. Food and beverage labels must list ingredients, with particular rules for known major allergens that include eggs, milk, peanuts, crustacean shellfish, fish, tree nuts, soybeans, sesame, and wheat.

Think about all of the various places that serve or sell ready-to-eat food, including:

• Schools and daycares

• Hospitals

• Nursing homes

• Restaurants

• Street vendors

• Sports and entertainment venues

• Airlines

• Specialty shops

• Grocery stores

These and other food service establishments, organizations, and businesses must follow applicable Illinois laws to protect patrons with allergies. Employees must undergo a training program for food allergy awareness, a certified food manager must always be present, and awareness posters must be displayed in key employee locations. These establishments must also take steps to avoid cross-contamination.

Suppose you tell a server or other employee about a food allergy. You may be able to receive compensation if you have an allergic reaction after consuming the food or beverage if the establishment:

• Does not disclose menu ingredients

• Fails to use safe food handling or preparation practices

• Serves a drink or dish that contains the stated allergen

It can be challenging to hold the establishment and its employees accountable for your medical expenses and other related losses. Newland & Newland, LLP has considerable experience handling food poisoning and allergic reaction cases, and we know how to achieve favorable outcomes.

Contact Our Knowledgeable Chicago, IL Food Allergy Reactions Lawyers Today

Newland & Newland, LLP understands how difficult it can be to live with food allergies. If food service vendors cause you to suffer a reaction, we can help you get the compensation you deserve. Call us at 312-981-0409 to request your free consultation with our skilled Arlington Heights, IL personal injury attorneys.