Albuquerque Food Allergy Litigation

Food allergies can trigger severe, even life-threatening, reactions when food is mislabeled, cross-contaminated, or improperly handled. If you or someone you love suffered a reaction due to unsafe food practices in Albuquerque, you may have the right to pursue compensation. Call The Lange Law Firm, PLLC at (833) 330-3663 or contact us online to schedule a free consultation.

Why Choose Our Albuquerque Food Allergy Attorney?

• We concentrate exclusively on food safety cases and our firm has successfully handled complex food allergy and contamination claims across the country.
• We offer personalized legal guidance, working closely with each client to gather evidence, answer questions, and advocate for maximum compensation.
• If there is no recovery, there is no fee. We handle every case on a contingency fee basis.

Our Victories

• $7 Million: Recovery for victims injured by a contaminated food product.
• $4 Million: Secured for the family of a 54-year-old man who died after exposure.
• $3.6 Million: Products liability case for the family of a deceased 58-year-old woman.
• $3.6 Million: Recovered in a wrongful death case involving contaminated food.
• $3.2 Million: For the family of a 75-year-old man who died due to food safety failures.

Visit our case results page for additional successful outcomes.

Who Can Be Held Liable in a Food Allergy Case?

Several parties in the food distribution chain may be responsible when food allergy reactions result from carelessness or failure to follow safety protocols:

Food Manufacturers and Packagers

Required to disclose allergens and prevent cross-contamination during processing.

Restaurants and Food Service Providers

Must follow food allergy safety practices, properly train staff, and respond accurately to allergy disclosures.

Grocery Stores and Retailers

May be liable for selling mislabeled, expired, or contaminated products.

Schools and Childcare Centers

Must protect students with known allergies through safety planning and responsible supervision.

Legal Grounds for Food Allergy Claims in New Mexico

Under New Mexico law, victims of preventable food allergy reactions may pursue claims based on:

• Strict Product Liability: New Mexico courts recognize strict liability for defective products, including mislabeled or contaminated food, even if the manufacturer did not act intentionally (see Brooks v. Beech Aircraft Corp., 902 P.2d 54, N.M. 1995).
• Negligence: A food provider who fails to exercise reasonable care may be held liable for negligence. New Mexico uses a comparative fault system (N.M. Stat. Ann. § 41-3A-1), meaning multiple parties may share responsibility.
• Breach of Warranty: If a product is sold as safe or “allergen-free” but contains allergens, a breach of express or implied warranty may apply under the Uniform Commercial Code (N.M. Stat. Ann. §§ 55-2-313, 55-2-314).

The Food Allergy Litigation Process in Albuquerque

Initial Consultation
Your attorney will review the details of your allergic reaction, medical treatment, and any related documentation during a free consultation.

Investigation and Evidence Gathering
Your food allergy lawyer in Albuquerque will collect medical records, product packaging, receipts, witness statements, and inspection reports. Experts may confirm allergen presence or contamination.

Demand Letter and Negotiations

Your Albuquerque food allergy attorney will notify the responsible party’s insurer and file a formal claim. Most cases involve negotiations where your lawyer pushes for fair compensation based on the severity of your reaction and losses.

Filing a Lawsuit
If negotiations do not resolve the matter, your attorney will file a civil lawsuit. Discovery will begin, and both sides will share evidence.

Trial (If Needed)
If the case does not settle, it proceeds to trial where a judge or jury determines fault and damages.

Compensation
If successful, compensation may include medical expenses, lost income, pain and suffering, and future healthcare needs.

Contact an Albuquerque Food Allergy Attorney Today

Allergic reactions caused by unsafe food handling should never happen. If you or your child suffered a serious reaction due to cross-contamination or labeling errors, call The Lange Law Firm, PLLC at (833) 330-3663 or contact us online for a free case review.