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Food allergies can lead to dangerous, sometimes life-threatening, reactions—especially when allergens are consumed unknowingly. When these reactions happen because someone failed to follow food safety standards, the law provides you the right to seek compensation. The Lange Law Firm, PLLC is here to help. Call (833) 330-3663 or message us online to schedule a free consultation.
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Several parties can be held legally responsible for causing a food allergy reaction:
Food Manufacturers and Processors
Responsible for correct labeling and preventing cross-contact during production and packaging.
Restaurants and Caterers
Obligated to prepare food safely and honor allergy warnings. Ignoring clear instructions may constitute negligence.
Retailers and Grocery Stores
Liable for selling mislabeled, expired, or recalled products that contain allergens.
Schools and Care Facilities
Tasked with protecting students and residents with known allergies. Failure to follow dietary restrictions or emergency procedures can lead to serious consequences.
In Charlotte, food allergy cases may involve one or more of the following legal theories:
Negligence
North Carolina follows the doctrine of pure contributory negligence (North Carolina General Statutes § 1-139), which bars recovery if the plaintiff is found even 1% at fault. This strict standard underscores the importance of establishing clear liability on the part of the defendant (at-fault party).
Product Liability
Under North Carolina law, there is no strict liability for product defects. Plaintiffs must prove negligence or breach of warranty under Chapter 99B of the North Carolina General Statutes.
Breach of Warranty
Claims for breach of express or implied warranty are permitted under N.C. Gen. Stat. § 99B-1.2.
The process begins with a free consultation, where an attorney reviews the incident, medical records, and available evidence. If the case is viable, the legal team investigates and collects evidence to identify the liable parties. Your attorney may also consult experts to confirm allergen exposure and confirm safety violations.
Next, a legal complaint is filed. During the discovery phase, both sides exchange evidence and may conduct depositions. Settlement negotiations continue and most cases resolve before trial. If no fair settlement is reached, the case proceeds to trial. A judge or jury then determines fault and awards compensation. Throughout the process, your attorney manages all legal aspects, ensuring you are supported from start to finish.
If a preventable allergic reaction caused you or your loved one harm, The Lange Law Firm, PLLC is ready to help. Call (833) 330-3663 or contact us online to schedule your free consultation today.