How To Stay Mindful Of Allergies And Avoid Personal Injury Lawsuits

In today’s society, managing food allergies and potential exposure to them can be stressful. People who experience allergic reactions from food have to carefully read ingredient lists, be aware of the types of food processed in various factories, and disinfect anything that comes into contact with an allergen. 

Unfortunately for the allergy community, they have to remain hypervigilant because not everyone understands how deadly eating an allergen can be for some people. And regardless of how vigilant they may be, at some point, an individual with an allergy will be put in a situation where they are eating food prepared by someone else. 

All it takes is one haphazardly disinfected cutting board that was in contact with an allergen. That can be enough to send someone to the hospital. If this has happened to you, it’s time to contact a personal injury attorney.

Common Food Allergies

You can be allergic to almost anything under the sun, including water! But fortunately, a water allergy is incredibly rare and most people can live healthy lives, managing their allergies safely. 

Here are the top nine food allergies in the US according to the Allergy and Asthma Network: 

• Cow’s milk
• Eggs
• Fin Fish
• Peanuts
• Sesame
• Shellfish
• Soy
• Tree nuts
• Wheat

As you can see, some allergies are much more difficult to avoid than others, especially in public spaces. 

Potential Opportunities For Allergy Exposure

About 1 in 10 adults live with food allergies, with half of them stating they have suffered a severe allergic reaction in their lifetime. But unless you know someone with a food allergy, you might not be aware of all the potential environments that can expose someone to an allergen. 

Manufacturing Plant

Have you ever had one of your favorite foods change their manufacturing recipe, causing the product to taste differently? What is a minor annoyance for most can be a deadly deviation for people managing allergies. 

In 2024, a young New York woman purchased mislabeled cookies from a local grocery store. The manufacturing plant changed their recipe to include peanuts, but the grocery store packaging failed to update the ingredients list. As a result, the young woman passed away from a severe allergic reaction.

Both the manufacturer and the grocery store are now facing a lawsuit from the family for the untimely death of their daughter. Neither are accepting responsibility, with the manufacturer stating they informed the store about the change and the grocery store claiming they did not know. 

Restaurants 

When it comes to eating at restaurants, people with allergies have to rely on the wait staff and cooking crew to be mindful of their specific allergy. Once the restaurant is informed of an allergy, it’s their responsibility to serve the patron food that is danger free (or let them know that the establishment does not have any allergy-free alternatives).

Despite telling waitstaff about her food allergy, Dr. Kanokporn Tangsuan was served a meal containing dairy and nuts at Disney World. Even though she used her EpiPen, she passed away from complications that arose due to her exposure. 

Her husband is now suing the establishment for $50,000 in the wrongful death of Tangsuan. 

Family, Friends, And Others

For the most part, we hope that friends and family would remain aware of allergies to avoid making their loved ones sick. But there have been scenarios where people have maliciously or carelessly given contaminated food to individuals with allergies. 

If the person in charge of food preparation was aware of an allergy and claims their dish is safe to eat, but it still causes an allergic reaction, they can be sued for negligence and reckless endangerment. 

Looking For A Personal Injury Attorney To Represent You? Call Hickey & Hull

If you have suffered from an allergic reaction despite taking measures to avoid contact, you should consider taking legal action. The negligence of the party providing the food should have serious consequences — after all, for some, the consequence of trusting the wrong food source is death. 

Chat with a live agent at Hickey & Hull, call our Fort Smith office at (479) 434-2414, or schedule a consultation online with one of our personal injury attorneys today! Let us handle the case while you get back to enjoying life, allergen free.