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If you or a loved one suffered an allergic reaction due to unsafe food handling or labeling in Virginia Beach, you have the right to take legal action. Call (833) 330-3663 or contact The Lange Law Firm online to speak with a Virginia Beach food allergy litigation attorney. The consultation is free.
Food allergy cases require more than medical records. These are legally and scientifically complex claims that demand a precise understanding of:
Without legal counsel, you may not be able to preserve time-sensitive evidence such as prep procedures, product labels, vendor agreements, and staff communications. Businesses often deny responsibility or blame outside suppliers. Legal representation ensures proper investigation and accountability.
In Virginia, food allergy lawsuits may be brought against:
Restaurants and Food Service Providers
Responsible for disclosing allergens and preventing cross-contact during prep and service.
Schools, Daycares, and Camps
Obligated to comply with medical instructions and protect children with known allergies.
Food Manufacturers and Processors
Liable for undeclared allergens or incorrect labels under strict product liability law.
Caterers and Event Organizers
May be held accountable for food safety failures during private or public gatherings.
The Virginia Beach food allergy attorney investigates how the exposure happened, whether proper warnings were given, and what procedures failed. Evidence may include:
In some cases, only one business is responsible. In others, fault may be shared between a restaurant, supplier, and manufacturer.
Once the case is developed, a civil complaint is filed against the liable party or parties. The complaint outlines the facts, injuries, and requested compensation.
Both sides exchange evidence during discovery. Some cases settle during this phase. If not, the case may proceed to trial, where a judge or jury will decide the outcome.
Negligence
Businesses must act with reasonable care. Failing to prevent known allergy risks or properly train staff may result in liability.
Strict Product Liability
If a packaged food was unsafe due to a hidden or undeclared allergen, the manufacturer may be liable regardless of negligence.
Breach of Warranty
Virginia law implies that food sold for consumption must be safe. A failure to meet this standard may support a breach of warranty claim under Virginia Code § 8.2-314.
Wrongful Death
Families may pursue a wrongful death action under Virginia Code § 8.01-50 when a fatal reaction occurs.
Statute of Limitations
Most food allergy claims must be filed within two years from the date of injury (Virginia Code § 8.01-243).
If you suffered a serious allergic reaction due to someone else’s failure to act responsibly, help is available. Call (833) 330-3663 or contact The Lange Law Firm online to schedule your free consultation today.