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If you or your child experienced a serious allergic reaction linked to unsafe food, call (833) 330-3663 or contact The Lange Law Firm, PLLC online for a free consultation.
When a food allergy claim moves into court because a settlement does not occur, your lawyer manages the entire legal process by:
By taking control of the courtroom process, a food allergy lawyer can significantly reduce the stress of litigation and allows you to focus on recovery.
Responsibility depends on who controlled the food at the point where the allergen was introduced, and may fall on:
A restaurant may bear responsibility when allergen information is provided inaccurately, customer allergy notices are not respected, or shared preparation spaces allow unintended allergen contact.
Manufacturers can face liability if products contain allergens that are not properly disclosed or if breakdowns during processing or packaging introduce allergenic ingredients.
Retail sellers may be held accountable when mislabeled foods are offered for sale or when products posing known allergen risks remain available to consumers.
Liability may arise when schools or childcare programs fail to comply with established allergy care plans or ignore medical guidance provided for a child.
Depending on the circumstances, one or more parties may be legally responsible
Colorado law provides multiple legal avenues for holding businesses accountable when allergen exposure causes injury.
Under Colorado law, a product sold in a defective condition that is unreasonably dangerous may give rise to liability (C.R.S. § 13-21-402). Food containing undisclosed allergens may qualify as defective even without proof of negligence.
Businesses that do not follow appropriate food safety practices may be responsible when that failure leads to an allergic reaction.
Colorado law requires that goods be fit for their ordinary purpose (C.R.S. § 4-2-314). Food that causes an allergic reaction due to hidden ingredients may violate this requirement.
If a fatal allergic reaction occurs, surviving family members may pursue a wrongful death claim when death results from another party’s wrongful act or neglect (C.R.S. § 13-21-202).
Most food allergy injury and wrongful death claims in Colorado must be filed within two years of the date of injury or death (C.R.S. § 13-80-102).
To discuss your legal options, call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation.