Are you one of the many victims of food allergies? Perhaps you remember being told that you had a peanut allergy and that you would never be able to eat peanut butter. Maybe you still can’t. Maybe you’re not allergic to peanuts, but you may have a wheat or egg allergy. In any event, being forced to give up favorite foods because of a lawsuit is truly stressful and humiliating.
There are two types of allergies: acute and chronic. Acute allergies are usually more easily corrected than chronic.
They are more likely to occur in the future and tend to occur when a person is being exposed to a particular allergen for a prolonged period of time. Chronic allergies happen when an individual has an allergic reaction after being exposed to a particular allergen for only a short period of time. Typical examples of this are shampoos, detergents, cosmetics, preservatives and food products such as ice cream.
If a person is affected by an acute allergic reaction from food allergen, he or she may file a lawsuit against the restaurant that could be held liable for compensation.
A person who has been diagnosed with an acute allergic reaction can sue a restaurant that sold him or her a contaminated menu, a substandard meal or even his or her life. Food allergies are most common among the Caucasian, white, male and affluent class. People of different races, cultures and religions also suffer from food allergies and are able to file lawsuits if they are injured due to these allergies.
If a person can prove that he or she was injured as the result of consuming the supposedly contaminated food product, the restaurant may be held liable for medical expenses and suffering caused by the injury.
If the restaurant can show that the individual could have avoided consuming the food if given the opportunity, it may be able to avoid liability. Another way to avoid liability is to ensure that all staff members are trained in allergy prevention and identification. The food allergies can range from minor irritations to fatal anaphylactic shock. The restaurant may also have to pay for the medical care of the individual if the adverse reaction is serious.
If the restaurant can show that it had only one or two employees when the lawsuit was filed, it may not be responsible for damages. However, if the restaurant had twenty-five or more employees when the case was filed, the restaurant owner may be held liable for the damages. It is also important to assess the restaurant’s financial condition and see whether it can afford to pay the damages. In the event that the restaurant is not financially sound, the restaurant owner may not be able to continue operating the business and may even lose his or her business, forcing him or her to close.
After the owner files the lawsuit, he or she will need to find a lawyer who has experience in handling food service cases. The lawyer will draft a lawsuit, submit it to the court and seek damages from the restaurant. If the restaurant maintains its innocence, the owner will probably have to pay the restaurant owners costs and damages. If the restaurant proves its guilt, the owner may be ordered to pay costs as well as damages. It is always better to consult a lawyer before filing a case.
The process of a restaurant lawsuit can be a complicated one. There are many details to be sorted out and the restaurant owner needs to take care of them carefully. Even if the restaurant owner feels that he or she is innocent, the restaurant may still have to face a lot of legal issues.
Many times restaurants opt to handle their own lawsuit against the restaurant. However, if they cannot afford to do so, the restaurant owner can hire his or her own lawyer. It is always best to consult a restaurant lawyer before deciding to file a restaurant lawsuit.