If you have certain food allergies, visit a restaurant to eat, and then suffer a reaction, you don't automatically have grounds for a successful personal injury suit. However, this doesn't mean that you won't be able to take legal action in the wake of a serious allergic reaction caused by something that you ate at a restaurant. For those who have serious food allergies, it's important to know how to approach restaurant dining. Here are some factors that may contribute to a personal injury case.
You Informed The Server Of Your Allergy
As someone with serious food allergies, you have a responsibility to inform your server so that the restaurant can proceed accordingly. Cross-contamination scenarios can be common in professional kitchens, and any reputable restaurant will take steps to ensure that your meal is prepared well away from any potential allergens. In order for you to file a successful personal injury suit that alleges negligence on the restaurant's behalf, you must have been able to demonstrate that you told your server about your allergy and that the kitchen staff ignored it.
The Staff Misled You
It's one thing for the server or kitchen staff to make a mistake about relaying your allergy concerns or safely preparing your meal, but it's another thing altogether for the staff to mislead you. If you told your server or even asked to speak to a manager to explain the specifics of your food allergy, and then ended up having an allergic reaction once you began to eat, it's possible that the staff member or manager lied to you. For example, someone may have told you that a certain dish didn't contain the ingredient to which you're allergic, even if it did.
The Server Confused Your Order
In restaurants, it's sometimes possible for your server to bring you someone else's order and take your order to someone else. Usually, this situation isn't a big deal, and you may even share a laugh about it. However, if you have allergies, such a scenario can be serious. For example, if your meal was prepared to avoid contact with allergens, but another patron's was not, and you received that patron's meal, you could get an allergic reaction.
You can explain whichever of these scenarios might have been present to lead to your allergic reaction to your personal injury lawyer, who will advise you on the merits of your case.Share