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If you or someone you love suffered a preventable serious allergic reaction in Raleigh, you may have the right to pursue legal action. Call (833) 330-3663 or contact The Lange Law Firm online to speak with a Raleigh food allergy litigation attorney. The consultation is free.
Proving liability in food allergy claims requires a clear link between the allergic incident and the defendant’s (at-fault party’s) actions or omissions. A Raleigh food allergy lawyer with experience in food allergy litigation can help uncover where protocols failed, preserve critical evidence, and hold the responsible parties accountable. Food allergy litigation may require:
Without legal representation, businesses and insurers may shift blame or claim the reaction was unforeseeable.
Food allergy lawsuits in North Carolina may involve multiple parties:
Restaurants and Food Vendors
Responsible for preventing cross-contact, disclosing allergens, and following safe food handling practices.
Schools and Childcare Centers
Legally required to follow allergy management plans and take reasonable steps to prevent known allergen exposure.
Food Manufacturers and Suppliers
Strictly liable for mislabeled or contaminated food products that cause allergic reactions.
Caterers and Event Venues
Obligated to maintain food safety during private and public functions and provide allergen information when requested.
Each case depends on the facts. Liability may arise from negligence, breach of implied warranty, or sale of a defective product.
The first step is gathering all relevant evidence: receipts, packaging, menus, internal communications, witness statements, and medical documentation.
Depending on how the exposure occurred, the lawsuit may name one or several parties—each potentially covered by separate insurance carriers.
After building the case, a formal complaint is filed outlining the cause of the reaction, the injuries sustained, and the compensation sought.
Both sides exchange information. Most cases settle before trial, but legal representation ensures the case is prepared for either outcome.
Negligence
Businesses must act reasonably to prevent foreseeable harm. Failing to train staff or follow allergen protocols may constitute negligence.
Strict Product Liability
Manufacturers and suppliers can be held liable for selling food that is unreasonably dangerous due to undeclared allergens.
Breach of Warranty
North Carolina law implies that food sold must be safe to eat. A failure to meet this standard can result in a breach of warranty claim.
Wrongful Death
Families may bring a wrongful death action under N.C. Gen. Stat. § 28A-18-2 if a fatal reaction occurred due to another party’s conduct.
Statute of Limitations
In most food allergy cases, the deadline to file is three years from the date of the incident (N.C. Gen. Stat. § 1-52). Wrongful death cases must be filed within two years.
Call (833) 330-3663 or contact The Lange Law Firm online to schedule a free consultation. A trusted Raleigh food allergy litigation attorney can help you understand your rights and next steps.