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Food allergies can cause life-threatening reactions when food is mislabeled, cross-contaminated, or handled without proper care. If you or a loved one experienced a severe allergic reaction due to unsafe food practices in Fresno, you may have the right to pursue compensation. Call The Lange Law Firm, PLLC at (833) 330-3663 or reach out online to schedule a free consultation.
Visit our case results page to read about additional recoveries we have secured for families affected by unsafe food.
Multiple entities in the food production and service chain may be responsible for food allergy-related injuries:
California law allows victims of food allergy reactions to pursue several types of claims:
Strict Product Liability
Under California law, those who manufacture or sell defective food products can be held liable even without proof of negligence if the food caused harm (see Soule v. GM Corp., 8 Cal.4th 548).
Negligence
Businesses have a duty to take reasonable precautions to prevent foreseeable harm. Failure to prevent cross-contamination or respond properly to allergy warnings may support a negligence claim.
Breach of Warranty
If a product is sold as safe but contains undisclosed allergens, this may violate an express or implied warranty under California Commercial Code § 2313–2314.
Premises Liability
Property owners, including restaurants and schools, must maintain safe environments and may be held responsible for preventable exposures.
Statute of Limitations
California generally provides a two-year statute of limitations for personal injury claims (Cal. Code Civ. Proc. § 335.1), so time is limited to file a lawsuit.
Initial Review
Your lawyer will start with a free consultation to understand the exposure, medical treatment, and what documentation you may have.
Investigation and Evidence
Key documents such as purchase receipts, ingredient lists, menus, medical records, and health inspection reports are gathered. Experts may analyze the food product to confirm contamination.
Insurance Claims and Negotiations
Most claims begin with a demand letter to the liable party’s insurer. Your Fresno food allergy attorney will negotiate for a fair settlement based on the severity of the reaction, your losses, and future medical needs.
Filing Suit (If Needed)
If the insurer refuses to offer a reasonable settlement, your attorney will file a lawsuit and pursue discovery, depositions, and trial preparation.
Trial and Compensation
A judge or jury will determine liability and damages if the case does not settle. Compensation may include medical bills, lost wages, emotional distress, and costs for future care.
Preventable allergic reactions should never happen. If you or someone you care about suffered a serious reaction due to food mishandling or mislabeling in Fresno, The Lange Law Firm, PLLC is ready to help. Call (833) 330-3663 or message us online for your free consultation.