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Cleveland Food Allergy Litigation Lawyer

If you or your child suffered a serious allergic reaction caused by unsafe food practices, call (833) 330-3663 or contact The Lange Law Firm, PLLC online for a free consultation. We can guide you through the litigation process.

Why Cleveland Families Choose Us for Food Allergy Litigation

  • We have a national record of successfully handling food allergy cases.
  • We regularly pursue claims against restaurant groups, manufacturers, retailers, and institutions with significant legal resources.
  • Our sole focus is food safety litigation rather than general personal injury work.

How a Cleveland Food Allergy Lawyer Can Help Throughout the Litigation Process

When a food allergy case does not resolve before trial, the court process becomes the mechanism for accountability. At this stage, the case is handled with the expectation that a judge or jury will decide responsibility and damages. A food allergy lawyer represents you in court by:

  • Filing and responding to motions that shape what evidence and arguments are allowed at trial.
  • Conducting depositions of corporate representatives, kitchen staff, manufacturers, and expert witnesses under oath.
  • Presenting medical testimony to establish causation, severity of the allergic reaction, and long-term impact.
  • Introducing documentary evidence such as menus, labels, training records, and internal policies.
  • Cross-examining defense witnesses and challenging alternative explanations for the exposure.
  • Arguing liability and damages before the judge or jury.
  • Handling all in-court communication with defense counsel and the court.
  • Presenting the case through verdict if settlement does not occur during trial proceedings.

By managing every courtroom obligation and legal confrontation, a food allergy lawyer allows families to focus on recovery instead of the pressure and uncertainty of the trial process.

Who Can Be Held Liable in a Cleveland Food Allergy Case

Liability depends on who controlled the food at the time the allergen was introduced. One or more parties may be responsible, including:

Restaurants and Food Service Establishments Liability

May be liable for failing to disclose allergens, ignoring allergy warnings, or allowing cross-contact in kitchens.

Food Manufacturers Liability

Can be held accountable for undeclared allergens, misleading labels, or contamination during production.

Grocery Stores and Retailers Liability

May be responsible for selling mislabeled products or failing to remove known allergen risks.

Schools, Daycares, and Camps Liability

Can be liable for failing to follow allergy action plans or medical instructions for children.

Identifying every responsible party is essential to pursuing full compensation.

Ohio Laws That Apply to Food Allergy Litigation

Ohio law provides several avenues for holding businesses accountable when allergen exposure causes injury.

Strict Product Liability

Ohio law permits claims against manufacturers and sellers for products that are defective and unreasonably dangerous. Food containing undisclosed allergens may qualify as defective without needing proof of negligence.

Negligence

A business may be liable when it fails to exercise reasonable care in preparing, labeling, or serving food and that failure causes harm.

Breach of Implied Warranty

Ohio recognizes an implied warranty that goods are “fit for the ordinary purposes for which such goods are used” (Ohio Rev. Code § 1302.27). Food that triggers an allergic reaction due to undisclosed ingredients may breach this warranty.

Wrongful Death

If a fatal allergic reaction occurs, surviving family members may pursue a wrongful death claim when death is caused by “a wrongful act, neglect, or default” of another (Ohio Rev. Code § 2125.01).

Statute of Limitations

Most personal injury claims in Ohio must be filed within two years from the date of injury (Ohio Rev. Code § 2305.10). Wrongful death claims generally must be filed within two years from the date of death (Ohio Rev. Code § 2125.02).

Contact Us Today

To discuss your legal options, call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation with a trusted Cleveland food allergy litigation lawyer.