Is A Restaurant Liable For A Food Allergy Reaction?

Is A Restaurant Liable For A Food Allergy Reaction?

The short answer to is A Restaurant Liable For A Food Allergy Reaction is, it depends.  Food allergies are on the rise across the country, and restaurant patrons are finding themselves having to ask questions like “do you make your food with peanuts?”  The world is seeing an increase in food allergies.

If you or someone you know has a food allergy, you know that there could be severe complications if you consume a food that you are allergic to.  Due to this restaurants have an obligation to warn patrons of potential food allergies and to ensure that the restaurant can serve food that is safe for those who may have certain food allergies.  Food is a product. and much like any product a seller of the food can be held strictly liable just like any other seller of goods.

Keys to ensuring that you are aware of any potential allergic reactions: (1) review the menu, a restaurant should warn its customers of potential food allergies; (2) let your server/order taker know you have a food allergy and (3) do not be afraid to return the food if you feel like you are allergic to an ingredient.

If you do have an allergic reaction, and the restaurant did not warn of potential allergies or told you that that it did not use any allergy causing ingredients you should contact an experienced personal injury lawyer and find out what rights you may have against the restaurant.