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If unsafe food practices are responsible for you or a loved one’s severe allergic reaction, call (833) 330-3663 or contact The Lange Law Firm, PLLC online for a free consultation.
If a settlement does not occur, your case moves forward in court and your lawyer manages the case by:
By managing every legal aspect, a food allergy lawyer alleviates the stress of litigation and allows families to focus on recovery.
One or more parties may be legally responsible depending on who controlled the food at the time the allergen was introduced, including:
Restaurants and Food Service Establishments
A restaurant may bear responsibility when allergen information is provided inaccurately, customer allergy notices are not respected, or shared preparation spaces allow cross-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.
Schools, Daycares, and Camps
Liability may arise when schools or childcare programs fail to comply with established allergy care plans or ignore medical guidance provided for a child.
California law provides several legal avenues for holding businesses accountable when allergen exposure causes harm.
Strict Product Liability
Manufacturers and sellers may be held liable for placing defective food products into the market. Food containing undisclosed allergens may qualify as defective without needing proof of negligence.
Negligence
Businesses that fail to use reasonable care in preparing, labeling, or serving food may be liable if that failure causes an allergic reaction.
Breach of Implied Warranty
California law requires that food be fit for ordinary consumption. Food that contains undisclosed allergens may breach this implied warranty.
Wrongful Death
If a fatal allergic reaction occurs, surviving family members may pursue a wrongful death claim for losses caused by another party’s wrongful act or neglect (Cal. Civ. Proc. Code § 377.60).
Statute of Limitations
Most personal injury and wrongful death claims in California must be filed within two years of the date of injury or death (Cal. Civ. Proc. Code § 335.1).
To discuss your legal options, call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation today.