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Food allergies can lead to severe, sometimes fatal, medical emergencies. In Fort Worth, when a food allergy reaction occurs because of mislabeling, cross-contamination, or negligence, the injured party has the right to seek compensation. Call (833) 330-3663 or contact us online to schedule a free consultation and discuss your legal options today.
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Several parties in the food supply chain can be held legally responsible for preventable allergic reactions:
Food Manufacturers and Packagers
Responsible for properly labeling products and avoiding cross-contamination during production.
Must follow allergy safety protocols and train staff on food allergen handling.
Liable for selling mislabeled or recalled food products.
Schools and Childcare Providers
Required to protect children with known food allergies by implementing proper food safety measures and emergency protocols.
Allergy-related claims can be pursued in Fort Worth under several legal theories:
Product Liability
Under Texas Civil Practice and Remedies Code § 82.001, manufacturers can be held strictly liable for defective or mislabeled food products that cause harm.
Negligence
Per Texas Civil Practice and Remedies Code § 33.001, businesses or food handlers who fail to exercise reasonable care can be held liable when their actions—or inactions—lead to exposure.
Breach of Warranty
If a food product was marketed as allergen-free but contained allergens, a breach of express or implied warranty claim may apply.
Premises Liability
Under Texas law, property owners and operators must keep their premises reasonably safe. That includes taking steps to protect guests with food allergies.
Here is an overview of how food allergy litigation works in Texas:
Initial Consultation
Begin by meeting with a Fort Worth food allergy attorney. They will evaluate your case based on the facts, medical history, and available evidence. This consultation is typically free.
Investigation and Evidence Gathering
Your attorney will collect medical records, food packaging, receipts, witness statements, and inspection reports to support your case and identify liable parties. Experts may be consulted to verify the presence of allergens.
Filing the Lawsuit
Your lawyer will file a complaint in civil court then both sides exchange evidence and take depositions. Many cases resolve through negotiated settlements without going to trial.
Trial
If a settlement is not reached, your case may go to trial, where a judge or jury decides liability and damages.
Compensation and Resolution
Successful cases may result in compensation for medical bills, lost wages, pain and suffering, and emotional distress.
Let us help you hold the responsible parties accountable. Contact The Lange Law Firm, PLLC at (833) 330-3663 or message us online to schedule a free consultation.