Peanut Allergy: Can I Sue for a Food Allergic Reaction?

 Posted on May 04,2023 in Uncategorized

Did you know peanut allergy affects every 1 in 50 children in the United States? In fact, it is the third most common type of food allergy in adults, as only 20% of adults outgrow a peanut allergy over time. Peanut allergy occurs when your immune system overreacts to the proteins in the peanuts and starts producing antibodies to fight off the invader, having an adverse effect on your overall health. If not dealt with in time, the food allergy can lead to anaphylaxis, making it impossible for you to breathe. In this article, we will be teaching you all you need to know about peanut allergy and filing a food allergies lawsuit.

What Is Peanut Allergy | Causes and Symptoms

Food allergies, such as peanut allergies, are genetic, meaning you can get them in your bloodline. However, infants with an egg allergy or eczema are at a higher risk of developing a peanut allergy. A food allergic reaction occurs when the immune system mistakenly identifies peanuts as a threat. People with peanut allergy usually experience mild to severe symptoms within 2 hours of eating something with peanuts. Common peanut allergy symptoms include:

● Stomach cramps

● Diarrhea

● Nausea

● Skin rash or Hives

● Wheezing

● Hoarseness

● Runny nose

● Vomiting

● Belly pain

● Difficulty breathing

● A drop in blood pressure

● Swelling of the lips or tongue

Symptoms of peanut allergy can flare up in the following cases:

● Eating foods containing peanuts.

● Direct skin contact with peanuts.

● Consuming products that have been cross-contaminated with peanuts during production.

● Inhaling aerosols or dust-containing peanuts.

Can I File a Peanut Allergy Lawsuit?

Yes, you have every right to file a peanut allergy lawsuit, especially if the food provider or restaurant has failed to provide compliance with your allergies. A food allergy lawsuit will get you fair compensation for expenses caused by the injury, such as hospital bills, lost wages, and court fees. Read on to learn how to file a peanut allergy lawsuit.

The Requirements for Filing a Peanut Allergy Lawsuit

The requirements for filing a peanut allergy lawsuit will depend upon two things; the laws of the jurisdiction and the circumstances of the case. Typically, a peanut allergy lawsuit is filed in case a person eats food that was prepared with negligence to the allergies. For example, a food manufacturer would be held responsible for selling a product without properly disclosing the ingredients and allergens to the public. Conversely, a restaurant will be held responsible if the chef prepares food containing peanuts even after the customer tells the waiter about their allergies.

In order to file a peanut allergy lawsuit, you must have proof of breach of warranty, strict liability, negligence, or failure to provide proper information. Once the primary cause of the food allergic reaction is determined, the plaintiff will have to prove the following:

● You had a severe food allergic reaction.

● The allergic reaction was because of the food you consumed at the restaurant.

● The food service, manufacturer, or restaurant neglected your requirements while preparing, handling, and serving food. The responsible party failed to provide proper warning or tampered with the food intentionally.

● The irresponsible behavior of the restaurant or chef caused the plaintiff to suffer a life-threatening allergic reaction.

● The food allergic reaction caused physical injuries and mental anguish. Make sure to keep your order receipt and medical bills safe until the end of the trial.

The Process of Filing a Peanut Allergy Lawsuit

The process of filing a peanut allergy lawsuit depends on the circumstances of the case and the state requirements. Here is a brief guide on how to file a peanut allergy lawsuit:

● Step 01: Find a personal injury lawyer and consult them about your case.

● Step 02: The food allergy attorney will analyze your case in order to determine whether it is viable to file a lawsuit or not. If your claim is valid, the attorney will start building a case and will file it against multiple defendants if required, including the food manufacturer, food establishment, and restaurant.

● Step 03: The attorney will help you in finding proof that the food allergic reaction was because the restaurant breached its duty to provide necessary information to the victim and that the negligence caused the food allergic reaction.

● Step 04: The lawyer will also gather evidence that the negligence caused the plaintiff’s injury (food allergic reaction), such as witness statements and medical records.

● Step 05: Once you have all the evidence, the personal injury lawyer will file a complaint against the defendant in a court of law.

● Step 06: The case will then proceed to discovery, where both parties will provide their evidence and will move forward to settlement negotiations or a trial.

● Step 07: During the trial, you must prove that the defendant knew about your peanut allergy. Nevertheless, they still choose to ignore it, resulting in food allergic reactions.

Do I Need a Lawyer to File a Food Allergy Lawsuit?

For 331.4 million children and adults in the United States, a food label is the only line of defence against allergies. Consuming even a small amount of the allergen can send you in shock, making your throat, eyes, and tongue swell, causing difficulty in breathing and putting your life at risk if not dealt with in time.

So, if you have recently experienced a severe food allergy due to the negligence of a manufacturer or chef, a food allergy attorney from Newland & Newland, LLP can help you get the justice you deserve. While the process of filing a lawsuit is simple, you have to consider several legal remedies, which is why a personal injury lawyer is your best bet. They can help you understand your rights and determine the validity of the claim and potential remedies. Contact us to book a free consultation with a Newland & Newland, LLP food allergy attorney in Illinois today!