Protecting families from contaminated food and water
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Protecting families from contaminated food and water
At The Lange Law Firm, PLLC, we represent individuals and families in food allergy cases nationwide. If you or your child experienced a serious reaction caused by negligence in Atlanta — whether at a restaurant, school, grocery store, or event — you may be entitled to compensation through legal action. Call (833) 330-3663 or contact us online for a free consultation with an Atlanta food allergy litigation attorney.
Food allergy litigation is not straightforward. Defendants (at-fault parties) often deny responsibility, claim the reaction was unavoidable, or argue the victim failed to warn them. Without a skilled attorney, it is easy for victims to get overwhelmed, have their case dismissed, or settle for far less than they deserve. An experienced food allergy lawyer in Atlanta will:
Most importantly, your attorney will protect your rights and handle all the legal aspects while you focus on healing.
Here is how the food allergy litigation process typically unfolds:
Your attorney will conduct a detailed intake, reviewing medical records, the timeline of the incident, and any documentation or evidence in your possession — such as receipts, packaging, menus, or communication with staff.
The legal team will gather physical and digital evidence, interview witnesses, and consult food safety experts to determine how the allergen exposure occurred. If surveillance footage, inspection logs, or purchase records are available, they will be preserved for legal use.
Many food allergy cases involve multiple parties. A restaurant, manufacturer, supplier, or school could each bear legal responsibility, depending on the facts.
Once the case is fully investigated, your attorney will file a formal complaint in Georgia civil court. This document outlines your claims, the legal basis for the case, and the damages being sought.
Both parties exchange information during discovery. This may include depositions, expert reports, emails, allergen protocols, kitchen procedures, and food safety audits. Discovery is often where strong liability evidence surfaces.
Many defendants prefer to settle before trial. Your attorney will negotiate aggressively to secure full and fair compensation.
If a fair settlement is not reached, your attorney will present the case in court, using testimony from experts, medical professionals, and witnesses to prove liability and damages.
Negligence
Georgia law imposes a duty of care on food preparers, servers, and manufacturers. Failure to follow allergen protocols, warn of known risks, or prevent cross-contact may be considered negligence.
Product Liability
Georgia allows strict liability claims for defective food products — including those that contain undeclared allergens or false allergen-free claims. Plaintiffs do not need to prove negligence, only that the product was unsafe.
Premises Liability
Businesses, schools, and event venues may be liable if unsafe food conditions on their property result in allergic injury. Georgia law requires property owners to maintain safe conditions for invitees and guests.
Breach of Warranty
If food is marketed as “safe,” “gluten-free,” or “nut-free” and causes harm, this may constitute a breach of express or implied warranty under Georgia commercial law.
Statute of Limitations in Georgia
Under O.C.G.A. § 9-3-33, the statute of limitations for personal injury claims — including food allergy injuries — is two years from the date of the incident. Failing to act within this timeframe may result in your claim being dismissed, regardless of its merits.
Call (833) 330-3663 or message us online for a free consultation with an Atlanta food allergy litigation attorney.