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Food allergy reactions are often preventable when businesses follow basic allergen safety rules. If you or your child suffered an allergic reaction in Colorado Springs due to unsafe food practices, we can help you pursue legal action. Call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation with a Colorado Springs food allergy litigation lawyer.
Focused on Food and Allergy Law
Food allergy cases require a precise understanding of allergen labeling, cross-contact risks, and food safety standards. Our practice concentrates on food-related litigation, including severe allergy claims.
Experience With High-Stakes Injury Cases
We handle cases involving serious injuries and wrongful death caused by allergen exposure.
No Fees Unless We Recover Compensation
We represent clients on a contingency basis. You pay nothing unless we obtain compensation on your behalf.
Food allergy claims depend on proving that a business knew or should have known about an allergen risk and failed to act. These cases often involve disputed facts, missing disclosures, and corporate defenses. A food allergy litigation lawyer plays a critical role by:
Without legal representation, businesses often minimize their role or shift blame to suppliers or consumers.
Food allergy liability depends on who controlled the food at the time of exposure. One or more parties may be responsible, including:
Restaurants and Food Service Providers Liability
May be liable for failing to disclose allergens, prevent cross-contact, or honor communicated allergy warnings.
Food Manufacturers Liability
Can be held accountable for undeclared allergens, misleading labels, or cross-contamination during production.
Grocery Stores and Retailers Liability
May be responsible for selling mislabeled or improperly handled food products.
Schools, Daycares, and Camps
Can be liable for failing to follow allergy management plans or medical instructions for children.
Colorado law provides several legal paths for holding businesses accountable for allergen exposure.
Strict Product Liability
Manufacturers and sellers may be liable for placing a product “in a defective condition unreasonably dangerous to the user or consumer” (C.R.S. § 13-21-402). Food containing undisclosed allergens may qualify as a defective product.
Negligence
Colorado law recognizes liability when a party fails to exercise reasonable care. A business that ignores known allergy risks or fails to follow food safety practices may be liable for resulting injuries.
Breach of Implied Warranty
Under Colorado’s Uniform Commercial Code, goods must be “fit for the ordinary purposes for which such goods are used” (C.R.S. § 4-2-314). 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 results from “a wrongful act, neglect, or default of another” (C.R.S. § 13-21-202).
Statute of Limitations
Most personal injury claims in Colorado must be filed within two years from the date of injury (C.R.S. § 13-80-102). Wrongful death claims generally must be filed within two years from the date of death.
If unsafe food practices cause a serious allergic reaction, we are prepared to help. Call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation with a Colorado Springs food allergy litigation lawyer.