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Los Angeles Food Allergy Litigation

Food allergies are a significant health concern, affecting millions of people worldwide. When improperly managed, they can lead to severe health complications or even fatalities. Legally addressing food allergies is crucial to ensure that businesses and individuals adhere to safety standards and that victims receive appropriate compensation for their suffering. Food allergy litigation helps hold accountable those responsible for negligence, ensuring safer practices and environments for everyone.

Common Allergens

Food allergies are immune system responses to specific proteins in foods that the body mistakenly identifies as harmful. The most common food allergens include:

  • Peanuts: A legume that can cause severe and potentially fatal allergic reactions.
  • Tree Nuts: Includes almonds, walnuts, cashews, pistachios, and others. These are often found in various processed foods and can cause serious reactions.
  • Milk: Cow’s milk is a common allergen, especially among children, and can cause symptoms ranging from mild skin reactions to severe gastrointestinal issues.
  • Eggs: Another common allergen in children, eggs can cause reactions that affect the skin, respiratory system, and gastrointestinal tract.
  • Wheat: Wheat allergy is different from celiac disease and can cause hives, digestive issues, and respiratory problems.
  • Soy: Found in many processed foods, soy can cause reactions such as hives, swelling, and anaphylaxis.
  • Fish: Fish allergies can cause severe reactions and are typically lifelong.
  • Shellfish: Includes shrimp, crab, and lobster, and can cause severe reactions, often persisting into adulthood.

Symptoms

Symptoms of food allergies can vary widely and may include:

  • Mild Symptoms: Hives, itching, redness, and mild swelling.
  • Moderate Symptoms: Gastrointestinal issues such as nausea, vomiting, diarrhea, and abdominal pain.
  • Severe Symptoms (Anaphylaxis): Difficulty breathing, swelling of the throat, a sudden drop in blood pressure, dizziness, and loss of consciousness. Anaphylaxis requires immediate medical attention and treatment with epinephrine.

Types of Food Allergy Cases

Food allergy cases can arise from various situations where negligence or errors lead to severe allergic reactions. Understanding the different types of food allergy cases is essential for recognizing potential legal claims and holding responsible parties accountable. Here are some of the common types of food allergy cases we handle:

Restaurant Negligence

Restaurants have a legal and ethical responsibility to ensure the safety of their patrons, particularly those with food allergies. Negligence in the handling, preparation, or serving of food can result in life-threatening allergic reactions. Common forms of negligence include:

  • Failure to Disclose Ingredients: When restaurant staff fail to accurately disclose the presence of allergens in dishes, it can lead to unexpected exposure and severe reactions.
  • Improper Training: Restaurant employees must be properly trained to handle food allergies, understand cross-contact risks, and know how to respond to emergencies. Inadequate training can result in dangerous mistakes.
  • Cross-Contact: Even trace amounts of an allergen can trigger a reaction. Cross-contact can occur when allergenic foods come into contact with other foods, utensils, or cooking surfaces.
  • Miscommunication: Mistakes in communication between kitchen staff and servers can result in allergen exposure. Ensuring clear and accurate communication is essential in preventing allergic reactions.

We hold restaurants accountable for these lapses in safety standards, striving to ensure that all establishments adhere to strict protocols to protect their customers.

Food Labeling Errors

Accurate and comprehensive labeling of food products is critical for individuals with food allergies. Errors in labeling can have serious consequences, such as:

  • Mislabeling: Incorrect labeling of products can mislead consumers about the presence of allergens. This can occur due to manufacturing errors or deliberate misrepresentation.
  • Incomplete Ingredient Lists: Some products may fail to list all ingredients, especially those that are common allergens. Consumers rely on complete ingredient lists to avoid dangerous exposures.
  • Ambiguous Language: Labels that use vague or unclear terms can cause confusion. Terms like “may contain” or “processed in a facility that also processes” need to be clear and consistent.
  • Failure to Update Labels: As manufacturing processes change, labels must be updated to reflect any new allergen risks. Failure to do so can result in outdated and unsafe information.

Our legal team fights for the rights of consumers misled by incorrect or insufficient food labeling, ensuring that manufacturers and distributors are held responsible for the accuracy and clarity of their product labels.

Los Angeles’ State-Specific Data

Children under the age of 18 make up 54% of all claims. This could be because most food allergies will develop in early childhood. Once a person is aware of their allergies, they will take care to avoid triggers. This is why correct food labeling and avoiding cross-contamination is so important, with dangerous consequences.

The top four foods that caused anaphylactic reactions in California between 2009 and 2016 were peanuts, tree nuts and seeds, eggs, and shellfish (Crustaceans).

Food Percentage
Eggs 0.0118%
Peanuts 0.0425%
Shellfish
(Crustaceans)
0.0109%
Tree nuts and seeds 0.0405%
Other/unspecified 0.2965%

Contact an Experienced Food Allergy Lawyer

If you or a loved one has suffered harm from a food allergy, seeking legal advice from an experienced food allergy lawyer is crucial. Our specialized team understands the complexities of food allergy cases and is dedicated to protecting your rights and securing the compensation you deserve. Call (833) 330-3663 or message us online today to arrange a free consultation.