When a restaurant’s negligence in handling food leads to a fatal allergic reaction, surviving family members may be able to pursue a wrongful death claim. This article explores the legal avenues available in such tragic circumstances.
The Restaurant’s Duty of Care
Restaurants owe a duty of care to all their customers, which includes taking reasonable steps to prevent harm. This duty is particularly crucial when dealing with food allergies, as exposure to even trace amounts of an allergen can have life-threatening consequences for sensitized individuals.
While federal laws like the Food Allergen Labeling and Consumer Protection Act (FALCPA) mandate labeling for packaged foods, there are currently no federal food allergy laws specifically for restaurants. However, some states and cities have enacted their own restaurant awareness laws requiring allergy training for food handlers. Additionally, the Americans with Disabilities Act (ADA) has been interpreted to apply to food allergies in restaurants, considering a food allergy that restricts a diet as a disability.
Understanding Wrongful Death Claims in the Context of Food Allergies
A wrongful death claim is a civil lawsuit brought by the survivors of a person who died as a result of another party’s negligence or wrongful act. In the context of fatal food allergies in restaurants, a wrongful death claim alleges that the restaurant’s negligence in food handling directly caused the customer’s death.
It’s important for customers with allergies to clearly communicate this to restaurant staff. If a customer informs the restaurant about their allergy, the restaurant’s duty of care is heightened to provide accurate information and take steps to prevent an allergic reaction. However, even if an allergy wasn’t disclosed, a restaurant might still be found negligent if their general food handling practices were subpar.
Proving Negligence in Fatal Food Allergy Cases
Proving negligence can be challenging, but it is essential for a successful wrongful death claim. Evidence that can help establish negligence includes:
- Documentation of Communication: Proof that the customer informed the restaurant staff about their specific allergy (e.g., witness testimony, a “chef card” detailing allergies).
- Restaurant Policies and Training Records: Evidence (or lack thereof) of the restaurant’s food allergy protocols, staff training materials, and records of staff training completion.
- Medical Records: The deceased’s medical history, the medical examiner’s report confirming the cause of death as an allergic reaction, and details of the allergens found in their system.
- Restaurant Menu and Ingredient Lists: The menu at the time of the incident, and any available ingredient lists for the dish consumed. Restaurants should ideally be able to provide ingredient lists for all menu items.
- Witness Statements: Testimony from anyone who witnessed the events, including other diners or companions.
- Food Samples: If possible, a sample of the food that caused the reaction can be crucial evidence.
Preventing Fatal Food Allergies in Restaurants
While legal recourse is available after a tragedy, prevention is paramount. Restaurants can take several steps to create a safer dining environment for customers with food allergies:
- Comprehensive Staff Training: Regular and thorough training on identifying major allergens, preventing cross-contact, understanding the severity of reactions, and emergency procedures.
- Clear Communication Protocols: Systems for accurately relaying allergy information from the customer to the kitchen staff and back. This includes encouraging customers to disclose allergies.
- Dedicated Preparation Areas and Equipment: Where feasible, using separate equipment and designated areas for preparing allergen-free meals. This includes color-coding utensils or using specific cleaning supplies for allergen safety.
- Accurate Menu Labeling and Ingredient Disclosure: Clearly labeling allergens on menus or providing easily accessible and accurate ingredient information for all dishes.
- Emergency Preparedness: Having a plan in place to respond to an allergic reaction, including knowing when and how to call for emergency medical help. Some states even require restaurants to have emergency response plans that include procedures for administering epinephrine if necessary.
Individuals with severe food allergies are also advised to take precautions, such as always carrying epinephrine auto-injectors, clearly communicating their allergies, double-checking orders, and using chef cards, especially when language barriers exist.
Fatal food allergies are a serious issue, and restaurants play a critical role in protecting vulnerable patrons. When a restaurant’s negligence leads to a fatal allergic reaction, a wrongful death claim can provide a path to justice and compensation for the grieving family.
Have you lost a loved one because of a fatal food allergy? Talk to us today. Visit our office at 536 Pacific Avenue, San Francisco, CA 94133 or call now for a free consultation on (415) 352-6264.