Most people take precautions to ensure they avoid any allergy triggers. But accidents can happen. According to Food Allergy Research and Education, over 200,000 people need emergency medical treatment for allergic reactions every year.
By law, companies must disclose common allergens in food items, as well as any potential for cross-contamination.
But there are situations where you or a loved one may encounter an unexpected allergen. If you or a loved one has suffered a severe allergic reaction, you may be able to file a claim for an allergic reaction injury.
What Types of Allergic Reactions Can I Claim?
Not all allergic reactions warrant a lawsuit. If you have hives from coming into contact with an allergen but don’t require medical treatment, it’s unlikely that you qualify for compensation.
However, if you have incurred medical costs, have taken time away from work, or suffered other personal damages as a result of an allergic reaction injury, you may be entitled to a settlement.
Most severe allergic reactions occur when you ingest something you are allergic to, or come into contact with it by touch or breathing it in. Therefore, most allergic reaction injury lawsuits involve food allergies.
When Can I File an Allergic Reaction Lawsuit in New York?
If the packaging labels disclose all ingredients and possible cross-contaminants on the bag of frozen stir fry you bought at the store, the company has done its part in identifying the risks to consumers.
However, if a company, restaurant, food vendor, or other responsible party does not disclose ingredients and common allergens in the food or product, the company may be deemed negligent. If the responsible party discloses ingredients but allergens are then found in the food, potentially through cross-contamination in the kitchen, they can also be held liable.
In other words, their breach of duty has caused you or a loved one harm and failed to warn you of the potential danger, thereby entitling you to damages for your suffering. In this case, you should seek legal counsel for an allergic reaction injury.
Sgarlato & Sgarlato Can Help
If you or a loved one has been the victim of an allergic reaction injury, the experienced Staten Island attorneys at Sgarlato & Sgarlato can get you the compensation you deserve. Call us at (347) 801-8761 or contact us online to request a consultation.