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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.
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:
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.
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.
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 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).
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.