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Bakersfield Food Allergy Litigation

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.

Why Bakersfield Families Choose Us For Their Food Allergy Case

  • We have successfully litigated food safety cases across the country.
  • We routinely go up against restaurant groups, manufacturers, retailers, and institutions with substantial legal resources.
  • We take these cases personally and stay committed to guiding families through every stage of the case with care and attention.

How a Bakersfield Food Allergy Lawyer Handles the Case in Court

If a settlement does not occur, your case moves forward in court and your lawyer manages the case by:

  • Appearing in court for all hearings and trial proceedings.
  • Handling all communication with defense attorneys and insurance representatives.
  • Questioning witnesses under oath, including restaurant staff, corporate representatives, and experts.
  • Presenting medical evidence that explains what happened and how the allergic reaction affected you.
  • Submitting records and testimony that show where allergen safety failed.
  • Responding to defense arguments and objections as they arise.
  • Fighting for the compensation you are owed.

By managing every legal aspect, a food allergy lawyer alleviates the stress of litigation and allows families to focus on recovery.

Who Can Be Held Liable in a Food Allergy Case?

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.

Food Manufacturers

Manufacturers can face liability if products contain allergens that are not properly disclosed or if breakdowns during processing or packaging introduce allergenic ingredients.

Grocery Stores and Retailers

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 Laws That Apply to Food Allergy Litigation

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).

Speak With a Trusted Bakersfield Food Allergy Litigation Lawyer

To discuss your legal options, call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation today.