The number of people who are affected by food allergies has increased dramatically in recent years. Between 1997 and 2011, it is estimated that there was a fifty percent increase in the number of American children who are affected by food allergies. It is further estimated that four percent of American adults and eight percent of American children are allergic to one or more foods.
People who are affected by food allergies learn how to manage their diet and lifestyle in order to keep themselves safe. Parents of children with food allergies learn how to keep their children safe, and serve as advocates for their children to ensure that schools, family members, and other people who provide care for the children know how to keep them safe. Unfortunately, despite the best efforts of adults and children who are affected by food allergies, injuries do occur when people who are allergic to certain foods ingest or are exposed to those foods either inadvertently, or because of the negligence of others. The range of allergic reactions which accompany an exposure to an allergen include hives, nausea, wheezing, and more serious conditions like anaphylaxis, which can cause serious harm and even death.
Duties of Places Where Food is Served
Americans are dining out more now than they ever have before, both for fun and for convenience. Unfortunately, dining out can be challenging and risky for people with food allergies. Approximately half of all fatal allergic reactions to food occur outside of the victims' homes. When people with food allergies dine out, they alert restaurant staff to their allergies. They know what questions to ask, and they ask restaurant staff to help them select safe items from the menu. Unfortunately, despite the best efforts of food-allergic restaurant patrons, they sometimes eat food that contains the allergens that they are trying to avoid, and they experience allergic reactions.
Sometimes, information about food allergies is not passed from wait staff to the chef. Other times, wait staff think that they know all of the ingredients in a dish, when they do not. In other situations, foods become cross-contaminated with allergens because they are present in the same space. There are multiple ways in which the acts or omissions of restaurant staff can result in foods containing allergens being served to allergic patrons.
When restaurant staff are notified of a food allergy and either choose to disregard the patron's instructions or fail to use reasonable care to provide the patron with a safe meal, the restaurant may be liable for the harm that the patron experienced as a result of their allergic reaction. Likewise, if an allergic reaction is fatal, the victim's family may be able to pursue a claim for wrongful death against the establishment which served the food that contained the allergen.
Goeing Goeing McQuinn PLLC: Helping Kentucky Food Allergy Injury Victims and Their Families
Exposure to allergens in food can cause serious injury and even death. Adults and children who have food allergies take care to keep themselves safe when they dine out. Unfortunately, they are sometimes exposed to allergens and suffer allergic reactions. If you have been injured or someone that you love has died as the result of an injury related to food allergies, a Kentucky Personal Injury Attorney can help you to pursue a settlement that will compensate you for your injuries or your loss. For more information, call the dedicated Kentucky Personal Injury Attorneys at Goeing Goeing McQuinn PLLC today, at 1 (888) 595-2943, or visit our website.