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Food allergies can cause life-threatening reactions when restaurants, manufacturers, or others in the food supply chain fail to handle food properly or warn consumers of allergen risks. If you or a loved one experienced a serious allergic reaction in Mesa due to unsafe food practices, you may have the right to pursue compensation. Call The Lange Law Firm, PLLC at (833) 330-3663 or contact us online to schedule a free consultation.
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Multiple parties along the food supply and service chain may bear legal responsibility when unsafe food leads to an allergic reaction
Restaurants and Food Handlers
Can be held liable for failing to follow allergen safety protocols, miscommunicating ingredients, or allowing cross-contamination in the kitchen.
Are required to label common allergens clearly and prevent contamination during production.
May be liable for selling mislabeled, expired, or recalled products.
Schools and Daycares
Must protect children with food allergies through care plans, training, and allergy-safe environments.
Arizona law allows victims of allergic reactions caused by negligent food handling to pursue claims under several legal theories:
Strict Product Liability
Arizona applies strict liability to defective or dangerous products. If a food item contains an undeclared allergen or is contaminated, victims may not need to prove intent or negligence (A.R.S. §§ 12-681 to 12-689).
Negligence
If a business fails to act with reasonable care to prevent allergen exposure, it may be held liable for resulting harm (A.R.S. § 12-2505).
Breach of Warranty
When a product is sold as “safe” or “allergen-free” but causes a reaction, the seller may be liable for violating an implied warranty under Arizona’s version of the Uniform Commercial Code (A.R.S. §§ 47-2313 to 47-2314).
Premises Liability
Property owners, such as schools and restaurants, must maintain a safe environment, which includes protecting visitors from foreseeable allergen exposure.
Arizona’s statute of limitations for personal injury claims is generally two years from the date of injury (A.R.S. § 12-542), so timely action is critical.
Consultation and Evaluation
A Mesa food allergy attorney begins by reviewing your medical records, purchase receipts, allergy history, and any communications with the business or manufacturer involved.
Investigation
Evidence is gathered, including food labels, menus, surveillance footage, staff statements, and health inspection reports. Your lawyer may also work with experts to confirm allergen presence.
Filing a Claim or Lawsuit
A demand letter is sent to the wrongful party or their insurer, detailing the evidence and the amount of compensation you seek to resolve the claim. Your lawyer will handle all communication and if needed, will file a civil complaint in court and begin discovery.
Negotiation or Trial
Many cases resolve in settlement, but your attorney is fully prepared to go to trial if necessary to secure the compensation you deserve.
Compensation
You may be entitled to recover compensation for medical bills, lost wages, pain and suffering, emotional distress, and long-term medical needs.
If you or a family member suffered harm due to undeclared allergens or food handling mistakes in Mesa, contact The Lange Law Firm, PLLC at (833) 330-3663 or message us online for a free case review.