San Jose Food Allergy Litigation

If you or a loved one has suffered a severe allergic reaction due to food prepared or served negligently, you may be entitled to significant compensation. Our San Jose Food Allergy Lawyer is here to help you navigate the complexities of food allergy litigation, ensuring that those responsible are held accountable.

Who Can Be Held Liable?

Several parties may be liable in cases involving allergic reactions to food through no fault of your own. Those include restaurants, grocery stores, manufacturers, or any other entities involved in the distribution of the product. Liability arises when there is:

Lack of Reasonable Care

This includes situations where food is cross-contaminated or incorrect information is given about ingredients.

Failure to Warn

Companies have a responsibility to inform consumers about potential allergens in their products.

Intentional Tampering

If food has been intentionally tampered with, leading to an allergic reaction, the responsible party can be held liable.

Who Can File a San Jose Food Allergy Lawsuit?

Anyone who has suffered a severe allergic reaction due to the negligent preparation, labeling, or serving of food can file a food allergy lawsuit. This includes individuals who have experienced physical harm, such as anaphylaxis or other significant medical conditions, as a direct result of consuming food that was improperly labeled, contaminated, or not accurately described by those responsible for its preparation. Additionally, family members of individuals who have died from a food allergy reaction may file a wrongful death lawsuit to seek compensation for their loss.

The key to food allergy litigation is the ability to prove that the allergic reaction was directly caused by the product due to the defendant’s (at-fault party’s) failure to exercise reasonable care in preventing exposure to allergens.

Types of Compensation Available

In a food allergy lawsuit, you may be entitled to damages, including:

• Economic Damages: Covering medical bills, lost wages, and legal fees.
• Non-Economic Damages: For pain and suffering, emotional distress, and disability.
• Wrongful Death: Compensation for medical bills, funeral and burial expenses, loss of expected income, and loss of companionship if a severe allergic reaction results in death.
• Punitive Damages: In cases of extreme negligence, punitive damages may be awarded to the victim as a means to punish the at-fault party.

Legal Theories for Food Allergy Lawsuits

Food allergy lawsuits typically fall under product liability law, and are often brought using the legal theory of strict liability. This theory applies when a food product is deemed unreasonably dangerous due to a defect, such as contamination with allergens not listed on the label. To succeed, the plaintiff (victim) must prove that the product’s defect directly caused their allergic reaction and that they used the product as intended. Negligence does not need to be established. Other potential theories include:

Breach of Warranty

Showing that the manufacturer failed to comply with warranties or provide adequate warning labels.

Negligence

Demonstrating that the defendant breached their duty of care, leading to your allergic reaction.

We Can Help

If you have experienced a severe allergic reaction due to unsafe food practices, contact our San Jose Food Allergy Lawyer for a free consultation. We are dedicated to helping you secure the compensation you deserve. Call us at (833) 330-3663 or send us a message online today.