Food allergies have become increasingly more common, especially among children. This can leave individuals susceptible to a variety of reactions, ranging from mild rashes and itchiness to anaphylactic shock and potentially even death. This can leave companies that manufacture food products, as well as eating establishments, susceptible to lawsuits as a result of mislabeled food products or other mistakes that can lead to an allergic reaction. If you or a loved one suffers an allergic reaction because of the negligence of another party, Arizona food allergy attorneys can provide the guidance necessary to determine if a lawsuit is your best course of action.
Severity of the Reaction
One of the key factors in helping Arizona food allergy attorneys determine whether a case is worth pursuing is the severity of the reaction. In situations where you may have suffered an extremely minor reaction, such as a rash or a period of itchiness, you may not have a strong case to receive compensation. This is especially true if you were unaware of the allergy in the first place. However, there are many cases in which filing a lawsuit is advised because of the severity of the reaction. For instance, if your reaction was severe enough to require the use of an EpiPen and/or an emergency visit, you may be entitled to compensation, particularly if the problem occurred due to mislabeling, the ill advice of a medical professional or any other instance of negligence, your attorney may advise you to pursue a case. If a loved one died as a result, a wrongful death lawsuit may be your best course of action.
Cross Contamination Issues
While people with certain food allergies often know what they should avoid based on common ingredients, sometimes it isn’t as simple as that. For those who suffer from severe allergies to certain foods, specifically peanuts, may get a reaction from even the slightest traces of the ingredient. This can make choosing certain foods extremely difficult. For instance, most candy factories use peanuts in some of their products, which means the peanut dust can ultimately find its way into any of the other products created in the same plant, making it a risky choice for those with allergies. In 2006, the federal government passed a law requiring food manufacturers to label any potential cross contamination issues. Restaurants must also be careful about cross contamination when they are informed of a food allergy by a patron. Failure to do so can result in a lawsuit.
If you or a loved one has been harmed because of problems with product labeling, cross contamination or medical negligence, the right attorneys can guide them regarding whether to pursue a case.