Each year, a number of people in Florida are rushed to the emergency room for severe allergic reactions. In some cases, individuals suffer adverse reactions for a short time and can be treated quickly. In other extremely serious cases, however, individuals die from allergic reactions. Even when a person takes all the necessary precautions, serious reactions may take place due to mislabeled products, products that are not labeled properly, or instructions that are not followed properly.
According to Food Allergy Research & Education (FARE), up to 15 million Americans have food allergies, of which 9 million are adults and 6 million are children. FARE also reports that allergies seriously affect one in every 13 children (those under 18 years of age) throughout the country. Allergies to peanuts, tree nuts, fish, or shellfish are typically lifelong allergies. The Centers for Disease Control and Prevention reports that food allergies resulted in more than 300,000 ambulatory-care visits a year among children under the age of 18.
When you buy a product, you expect it to be labeled correctly. When there is no label, or the product is labeled incorrectly, it can pose a risk to people with allergies. If a mislabeled product has harmed you, you may be able to file a negligence claim against the at-fault party. Products can be faulty if they have a manufacturing defect, a design defect, or a lack of warnings.
When a company fails to label a product adequately, it would fall into the “lack of warnings” category. A failure to warn claim may be appropriate when a manufacturer does not give consumers sufficient information about its product’s use, and an injury occurs as a result. In order to establish a product liability claim, the plaintiff must show that the faulty product caused the injury and that the plaintiff was using the product as it was intended.
When you have been harmed because of an allergic reaction at a restaurant, the analysis may be slightly different. Food preparation is typically held to the standard of “reasonable and ordinary” care. This means that restaurants do not have to go out of their way to accommodate an individual with allergies. However, if the restaurant is told about a particular customer’s allergies, and they disregard this information, they may be liable. This is because if a customer discloses his or her allergy, the restaurant is now on notice of that allergy and can either prepare food accordingly or inform the customer a suitable substitution is not possible.
If you have suffered an allergic reaction due to mislabeled products or carelessness by a restaurant, you may be entitled to damages. At the Law Offices of Robert Dixon, our Miami product liability attorneys can explore the facts of your case and determine whether negligence took place. You can rest assured that we can zealously advocate for your rights at every step of the way. We proudly represent clients throughout South Florida. For more information, call us at 1-877-499-HURT (4878) or reach out to us online today to discuss your claim.
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