Oakland Food Allergy Attorney

Food allergy cases often start with a simple mistake, resulting in a serious reaction. If you or a loved one experienced a severe allergic reaction in Oakland, you may have the right to pursue a legal claim. Call (833) 330-3663 or contact The Lange Law Firm, PLLC online for a free consultation.

Why Oakland Families Choose This Firm for Food Allergy Cases

• We know how food safety failures happen and how to prove where the breakdown occurred.

• We are prepared to take cases through litigation when businesses refuse to accept responsibility.

• We help clients make informed decisions and treat each case with the attention it deserves from start to finish.

How Food Allergy Injuries Happen

Food allergy cases often begin with a breakdown that should have been prevented. These incidents can occur in restaurants, grocery stores, schools, or during food production. Many cases involve failures such as:

• Incorrect ingredient information provided to customers.

• Cross-contact between allergen-containing and allergen-free foods.

• Undeclared allergens in packaged or prepared products.

• Failure to follow allergy instructions after being notified.

• Inadequate training or supervision of staff handling food.

Even a small amount of an allergen can trigger a severe reaction, such as death.

What Needs to Be Proven in a Food Allergy Case

Food allergy claims can be based on different legal theories depending on how the exposure occurred. In some cases, the focus is on negligence. In others, the law imposes responsibility without requiring proof of carelessness, known as strict liability.

Strict Liability

When a case involves a packaged or prepared food product with an undisclosed allergen, strict liability may apply. Under this theory, a manufacturer or seller can be held responsible if the food was defective and unsafe, even if they did not intend to cause harm. The key issue is whether the product contained a hidden danger that made it unreasonably unsafe for consumption.

Negligence

In other situations, the claim may focus on whether a business failed to use reasonable care. This includes evaluating how food was prepared, whether allergy instructions were followed, and whether accurate ingredient information was provided.

Breach of Warranty

Courts may also consider whether the food met basic expectations for safety. The law provides that goods must be “fit for the ordinary purposes for which such goods are used” (Cal. Com. Code § 2314). Food that causes an allergic reaction due to undisclosed ingredients may violate this requirement.

Who Can Be Held Liable?

Food allergy cases often require tracing the exposure back to where the allergen entered the food. Responsibility depends on where that failure occurred. For example:

• A restaurant may be responsible for providing incorrect ingredient information or allowing cross-contact during preparation.

• A manufacturer may be liable for producing food with undeclared allergens.

• A retailer may share responsibility for selling mislabeled products.

• Schools, daycares, and camps may also be accountable if they fail to follow allergy care plans.

Some cases involve one responsible party, while others involve multiple.

Speak With an Oakland Food Allergy Lawyer Today

Call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule your free consultation and discuss your legal options.