Food allergies are more than an annoyance. Exposure to certain allergens can cause serious health problems. On average, food allergies account for 150-200 fatalities annually. The number is even higher for individuals who experience injuries caused by a food allergy.
A food allergy can impact numerous aspects of your life. Even eating a meal in a restaurant can be stressful as you worry about any potential allergens that may be hidden in the meal. If you suffer a food allergy injury you may be able to recover compensation for things like your medical expenses. However, you’ll need to follow a few simple steps.
What Are Common Food Allergens?
Pretty much anything you eat can be an allergen. Even if you’re not allergic to a specific food or ingredient, it doesn’t mean someone else isn’t going to react. With that being said, some types of food allergies are more common than others. So, what are some of the common ingredients causing allergic reactions in some individuals?
A few of these ingredients may apply to your allergies or someone you know. Others may be a little surprising, including:
- Shellfish and fish
- Nuts – peanuts and tree nuts
- Gluten
- Dairy
- Eggs
- Wheat
- Soy
- Sesame
You’re probably taking steps to avoid coming in contact with allergens but exposure can still happen. Cross-contamination at restaurants can happen and even at home. So, how do you know if your food allergy injury is eligible for compensation?
Can You Claim Compensation for Your Food Allergy Injury?
When you’re browsing a restaurant menu or grabbing something at the grocery store, you’ve probably noticed the occasionally lengthy product description.
Along with the calorie count, everything has a list of ingredients. This descriptive labeling is a requirement set down in consumer protection laws. In essence, this law helps ensure consumers always know precisely what they’re buying and eating. If an ingredient is included in the food item it must be listed on the label.
What about accidental cross-contamination? Are there laws prohibiting this behavior? Cross-contamination is a big no-no in the food industry and yes, there are laws. The Food and Drug Administration (FDA) is responsible for regulating food safety, including preventing cross-contamination.
Cross-contamination can cause more than a food allergy. You may end up with a foodborne illness like E. coli.
You may have grounds for filing a food allergy injury claim if the product’s label is incomplete. This type of food allergy illness claim is usually relatively easy to prove. The presence of the ingredient missing from the label is typically enough to prove negligence. Proving cross-contamination is a little harder and it’s also when it helps to have an experienced injury attorney working on your claim.
Who Can Be Liable for a Food Allergy Injury?
Just about anyone manufacturing, preparing, selling, or even serving the food can be liable for a food allergy injury claim. However, this doesn’t necessarily mean you can or even should file a compensation claim.
For example, if you have a shellfish allergy and are serving up shrimp cocktail for friends and family. Cross-contamination can occur if you’re not careful. If you come down with a food allergy illness, you’re the liable party. However, you’re probably not going to try to file a claim against yourself. Your insurance company is going to deny your claim, once they stop laughing.
You’re probably also not going to want to file a claim against friends or family unless the exposure to the allergen is intentional. You may have a family member or friend who simply doesn’t believe you have a food allergy. If they serve a dish without letting you know it contains an allergen, this may be the exception to not suing friends or family.
Restaurants can also be liable for a food allergy illness, along with the product manufacturer or grocery store. Who you hold liable depends on a few factors like where you purchased or consumed the food, along with its labeling.
How to Prove Liability in a Food Allergy Claim
You can’t just list your damages like medical expenses and hope to receive compensation for a food allergy claim. Insurance companies are going to require proof your injuries are caused by a food allergy.
What type of evidence should you and your injury attorney submit with your claim?
- Packaging or at least the label that shows the food item is missing included ingredients and/or doesn’t have adequate warning. For example, this product may contain nuts.
- A copy of the restaurant’s menu showing it doesn’t contain adequate warning about possible or included allergens.
- Your health records detailing your food allergy and subsequent treatment
Get ready to review everything you consumed on the day you experienced an allergic reaction. The insurance company is probably going to want to check to see if something else is responsible for your injury.
If possible, try to save a portion of the food causing your allergic reaction. Your injury attorney can have the sample tested for the presence of the allergen. If you didn’t keep a portion of the food don’t worry. You should still be able to file an injury claim.
Types of Recoverable Compensation
Your food allergy injury claim will probably include both economic and non-economic damages. Your economic damages are things like your medical expenses and lost wages if your allergic reaction forced you to miss work.
Non-economic damages like pain and suffering are also common in food allergy illness claims. If your exposure to the allergen is intentional, you may also be eligible for punitive damages. You can’t claim punitive damages, these are only awarded by a judge or jury when gross negligence is present.
Don’t Suffer Through a Food Allergy Injury Alone
Food allergies can be serious and exposure to a allergen can disrupt every aspect of your life. Don’t go through this alone, let an experienced injury attorney help you recover compensation. From helping to prove liability to gathering evidence, your attorney can help ensure you receive fair compensation.
