Collecting Compensation for Injuries Caused by an Allergic Reaction

Every year, hundreds of people are hospitalized for severe allergic reactions. Although some allergic reactions are relatively minor, others can quickly become serious, causing anaphylactic shock, which can be deadly. While those with allergies can make changes in their lifestyle, such as refraining from coming into contact with or consuming products to which they are allergic, reactions still can and do occur at an alarming rate, often through no fault of their own. In these cases, the injured party may be able to hold the person whose negligence caused the allergic reaction accountable by filing a personal injury claim.

Allergy Symptoms

The seriousness of an allergic reaction depends on the health of the person as well as the severity of the allergy. For instance, someone who has a mild allergy to peanuts may only experience itching, while someone with a severe peanut allergy could go into shock. Some of the most common symptoms associated with allergies, include:

• Skin rashes;
• Difficulty swallowing;
• Swelling of the face and throat;
• Constricted airways; and
• Digestive disorders.

Liable Parties

Allergic reactions are most often the result of a person ingesting food to which he or she is allergic or coming into contact with a specific substance. When someone else’s negligence is the cause of the reaction, he or she can be held liable for resulting injuries. Responsible individuals could include:

• Restaurant owners and staff;
• Food service companies;
• Hospital staff; and
• Nursing home kitchen staff.

Generally, any food preparation business is required to behave reasonably when preparing and serving food. However, customers also bear some responsibility and must warn an establishment carefully and in advance if they have an allergy.

Product Liability

In many cases, an allergic reaction is not the fault of a negligent food server or chef, but a drug or cosmetics manufacturer. Manufacturers are required to make their products safe for public use and when they fail to use reasonable care when designing, producing, or labeling a product, they can be held responsible. A plaintiff who suffered an allergic reaction after using a certain product may be able to collect compensation from the manufacturer if the product was improperly labeled. This is because manufacturers are required to include warnings on their products’ labels if they contain a major food allergen, such as:

• Milk;
• Eggs;
• Fish;
• Crustacean shellfish;
• Tree nuts;
• Wheat;
• Peanuts; and
• Soy beans.

A company that fails to include this information on a label and so caused a user to suffer an allergic reaction can be required to compensate the injured party for:

• Past and future medical expenses;
• Lost wages; and
• Pain and suffering.

However, in order to collect these damages, the plaintiff will still need to demonstrate that the product caused the injury and that he or she was using it as it was intended to be used.

Contact us Today to Schedule an Appointment With an Experienced Personal Injury Attorney

If you recently suffered an allergic reaction as a result of someone else’s negligence, please contact Boone & Davis in Fort Lauderdale at 954-566-9919 to set up a consultation with a knowledgeable personal injury attorney.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html