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Food allergy reactions often occur because a business failed to disclose ingredients, prevent cross-contact, or follow basic allergen safety procedures. If you or your child suffered a preventable serious allergic reaction, call (833) 330-3663 or contact The Lange Law Firm, PLLC online for a free consultation with an Arlington food allergy litigation lawyer.
A successful claim must show that a business had control over the food, failed to act responsibly, and caused the exposure. A food allergy litigation lawyer plays a critical role by:
Evidence often disappears quickly, and businesses may deny responsibility or blame suppliers or consumers. Without legal representation, victims often face incomplete investigations and delayed accountability.
Responsibility depends on who controlled the food at the time the allergen was introduced. Potentially liable parties include:
Restaurants and Food Service Businesses Liability
May be responsible for ignoring allergy warnings, providing incorrect ingredient information, or failing to prevent cross-contact.
Food Manufacturers Liability
Can be liable for undeclared allergens, misleading labels, or contamination during processing and packaging.
Retailers and Grocery Stores Liability
May face liability for selling mislabeled products or failing to remove known allergen risks from shelves.
Schools, Daycares, and Camps Liability
May be responsible for failing to follow allergy management plans or medical instructions for children.
More than one party may share responsibility in a single case.
Texas law provides several avenues for pursuing compensation after an allergic reaction caused by unsafe food.
Strict Product Liability
Texas recognizes strict liability when a product is unreasonably dangerous as sold. Food containing undisclosed allergens may qualify as defective under this standard.
Negligence
A business may be liable if it failed to use ordinary care in preparing, labeling, or serving food and that failure caused injury.
Breach of Implied Warranty
Food sold in Texas must be fit for ordinary consumption. Food that triggers an allergic reaction due to undisclosed ingredients may breach the implied warranty of merchantability.
Wrongful Death
When a fatal allergic reaction occurs, Texas law allows surviving family members to pursue a wrongful death claim for losses caused by another party’s wrongful act or omission (Tex. Civ. Prac. & Rem. Code § 71.002).
Statute of Limitations
Most personal injury and wrongful death claims in Texas must be filed within two years of the date of injury or death (Tex. Civ. Prac. & Rem. Code § 16.003).
If unsafe food practices causes a serious allergic reaction, help is available. Call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation with a trusted Arlington food allergy litigation lawyer.