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A food allergy lawsuit can arise when a business fails to disclose allergens or prevent cross-contact during food preparation. If you or a loved one suffered a severe allergic reaction after consuming food in Cincinnati, call (833) 330-3663 or contact The Lange Law Firm, PLLC online for a free consultation.
Food allergy claims frequently involve competing explanations about how exposure occurred. Restaurants may deny receiving allergy warnings. Manufacturers may blame suppliers. Distributors may argue that contamination happened elsewhere in the chain. Unlike ordinary injury claims, food allergy litigation often requires:
These cases can quickly become document-intensive disputes involving multiple parties and conflicting accounts.
Successful lawsuits often center on proving exactly where the allergen exposure occurred and whether the business failed to take reasonable precautions. Important evidence may include:
Without immediate action, key evidence may disappear. Restaurants can change procedures, surveillance footage may be erased, and contaminated products may be discarded.
Food allergy lawsuits are aggressively defended because businesses understand the financial and reputational consequences of these claims. Companies often argue that the customer failed to disclose the allergy, the reaction came from another source, proper procedures were followed, and/or cross-contact could not have been prevented. A food allergy attorney with extensive litigation experience will develop a legal strategy to challenge these defenses through investigation, expert analysis, and discovery procedures. They may:
A lawyer helps reduce the pressure of dealing with corporate defendants by handling negotiations, investigation, and case preparation. They will keep you informed throughout the case so you can make confident decisions about settlement offers and litigation strategy.
Ohio law allows injured consumers to pursue compensation under the following legal theories when unsafe food products or negligent food handling cause harm.
Product Liability
Ohio Rev. Code § 2307.73 states that a manufacturer may be liable if a product “was defective in manufacture or construction.” Food products containing undeclared allergens may qualify as defective.
Negligence
Businesses may be liable when they fail to use reasonable care in handling allergy-related requests, preparing food, or preventing cross-contact. Under Ohio law, negligence occurs when a party fails to exercise “ordinary care” under the circumstances.
Breach of Implied Warranty
Ohio Rev. Code § 1302.27 requires that products be “fit for the ordinary purposes for which such goods are used.” Food containing undisclosed allergens may violate this requirement.
Wrongful Death
Ohio Rev. Code § 2125.01 permits recovery when death results from a “wrongful act, neglect, or default” of another party.
Call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation with an experienced Cincinnati food allergy litigation attorney.