Food Allergy Claims Against Restaurants

According to the National Restaurant Association, there are 980,000 restaurant locations in this country and the restaurant industry has 47% of the country’s food dollars. For 2013, restaurant-industry sales were projected at $660.5 billion. All of this to say, as a nation, we eat out a lot. And this can present a real problem for those dealing with food allergies.

Oftentimes, restaurants will fry shellfish products such as shrimp in the same oil they use to fry chicken resulting in a dangerous cross-contact situation for restaurant guests with a shellfish allergy. Or a grill used to cook breakfast foods (eggs, breads containing wheat, pancakes with milk in the batter) is not properly cleaned and trace amounts of allergens remain when lunch orders are prepared. Shared tongs, ladles, cutting boards and other equipment can often be a source of allergens.

To help educate restaurant owners, chefs, servers and others about the food safety, Food Allergy Research and Education (FARE) and the National Restaurant Association have jointly created an online, comprehensive food safety program. Topics are wide-ranging and cover such things as the difference between cross contact (food allergies) and cross contamination (foodborne illnesses such as E-coli) and how to properly prevent both.

Some states have proposed legislation that would require restaurants to stock epinephrine in the event a patron has an allergic reaction on the premises. In Virginia’s proposed legislation, a restaurant employee who administered the drug would be granted immunity.

If you or a loved one has been injured due to a food allergy reaction in a restaurant, contact one of our award-winning lawyers for a no-obligation, no-cost assessment of your case. One of our food allergy attorneys will sit down with you, review your case and explain your rights and options in clear terms. We handle all food allergy cases on a contingency basis which means we only get paid if we in. To schedule an appointment, contact us online or call us at 615-742-4880 or toll-free at 866.812.8787.