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El Paso Food Allergy Litigation

Food allergies can cause severe health reactions, including anaphylaxis, which can be life-threatening. In El Paso, victims of food allergy incidents have the right to seek compensation if their reaction was caused by negligence, mislabeling, or contamination. The Lange Law Firm, PLLC is dedicated to helping victims hold responsible parties accountable.

Common Causes of Food Allergy Reactions

Food allergy reactions occur when allergens are present due to negligence or improper handling. Common causes include:

Mislabeling and Undeclared Allergens

Manufacturers are required to list all ingredients, including allergens. Failure to do so can result in severe allergic reactions.

Cross-Contamination

Allergens can be transferred from one food to another during processing or preparation. This is common in restaurants, bakeries, and food manufacturing facilities.

False Allergen-Free Claims

Products marketed as allergen-free but containing allergens can mislead consumers, leading to severe reactions.

Negligent Food Handling

Improper food handling or failure to follow allergy safety protocols in restaurants can expose customers to allergens.

Who Can Be Held Liable?

Various parties can be held accountable for food allergy reactions, including:

  • Food Manufacturers and Distributors: They are responsible for accurate labeling and preventing cross-contamination during manufacturing.
  • Restaurants and Food Service Establishments: If they fail to disclose allergens, handle food improperly, or ignore allergy warnings, they can be held liable.
  • Retailers and Grocery Stores: If products are mislabeled or improperly handled, retailers may be held accountable.
  • Schools and Institutions: They are responsible for safeguarding children with known food allergies. Negligence in providing allergen-free meals or inadequate staff training can lead to liability.

Legal Grounds for Food Allergy Litigation in El Paso

In Texas, victims can seek compensation under:

Product Liability Laws

If mislabeled or contaminated products cause allergic reactions, manufacturers and sellers can be held strictly liable.

Negligence Claims

Proving that the responsible party failed to exercise reasonable care in preventing allergen exposure.

Breach of Warranty

If a product is falsely marketed as allergen-free, victims may have grounds for breach of warranty claims.

Premises Liability

Establishments must provide a safe environment for customers, including those with food allergies.

How an El Paso Food Allergy Attorney Can Help

An experienced El Paso food allergy attorney can be invaluable to your case in the following ways:

  • Investigating the Incident: They will gather evidence, including product labels, medical records, and witness testimonies.
  • Establishing Liability: An attorney will identify the liable parties and prove that negligence or misrepresentation directly led to the allergic reaction.
  • Negotiating with Insurance Companies: Lawyers have extensive experience negotiating with insurance companies. They will protect you from common pitfalls and fight to secure fair compensation for your medical bills, lost wages, pain and suffering, and more.

If a fair settlement cannot be reached in negotiations, an attorney will be prepared to represent you in court.

Contact an El Paso Food Allergy Attorney Today

If you or a loved one has suffered from a severe food allergy reaction in El Paso, contact the Lange Law Firm, PLLC at (833) 330-3663 or message us online to arrange a free consultation. We are dedicated to fighting for your rights and ensuring that negligent parties are held accountable for your suffering.