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Food allergy litigation often begins after a restaurant, manufacturer, or food seller disputes how a dangerous allergen exposure occurred. If you or a loved one suffered a severe allergic reaction after consuming food in Greensboro, call (833) 330-3663 or contact The Lange Law Firm, PLLC online for a free consultation.
The Lange Law Firm, PLLC has handled serious product liability cases involving catastrophic injuries and deaths. Past results include:
A food allergy claim often proceeds to litigation when the facts cannot be resolved through an insurance claim or pre-suit negotiations. Food allergy litigation is most useful when the case depends on information held by the defendant (at-fault party) that they will not voluntarily provide.
Litigation allows an attorney to demand internal documents such as allergy policies, kitchen tickets, ingredient records, supplier contracts, surveillance footage, employee training materials, and incident reports. These records can show whether the business had a system for handling allergy warnings and if employees followed it.
Product Liability
North Carolina product liability law covers claims involving the “manufacture,” “preparation,” “processing,” “selling,” “packaging,” or “labeling” of a product. A food allergy claim may apply when unsafe preparation, packaging, or labeling causes harm.
No Strict Liability
“There shall be no strict liability in tort in product liability actions,” under N.C. Gen. Stat. § 99B-1.1. This means a claimant usually must prove negligence, breach of warranty, failure to warn, or another recognized legal basis, not just that the food was unsafe.
Failure to Warn
N.C. Gen. Stat. § 99B-5 applies when a manufacturer or seller “acted unreasonably in failing to provide such warning or instruction.” Undeclared allergens or inadequate warnings may support this claim.
Breach of Implied Warranty
N.C. Gen. Stat. § 25-2-314 states that serving food or drink for value is a sale and that goods must be “fit for the ordinary purposes for which such goods are used.” Food with an undisclosed allergen can be a violation of this warranty.
Wrongful Death
If an allergic reaction causes death, N.C. Gen. Stat. § 28A-18-2 allows recovery for losses including “care, treatment and hospitalization,” pain and suffering, and funeral expenses.
Food allergy litigation can feel overwhelming because the injured person is often recovering while businesses and insurers begin protecting themselves. A food allergy attorney takes over the investigation, communicates with insurers, requests key records, while still explaining each stage of the case so you can make informed decisions.
If the business refuses to accept responsibility or offer fair compensation, your attorney can move the case forward in court. That includes presenting evidence, questioning witnesses, working with experts, and telling your story clearly to a judge or jury.
Call (833) 330-3663 or contact The Lange Law Firm, PLLC online to schedule a free consultation.