Food allergies aren’t anything to joke about. A severe food allergy can cause serious health complications and even result in death. If you’re allergic to an ingredient, you’re always being careful about what you eat and drink.
Unfortunately, food manufacturers aren’t always on top of their game. Sometimes potential allergens pop up in foods and they’re not clearly marked on the product’s label. If you experience an allergic reaction due to a food manufacturer’s mistake or negligence, navigating a food manufacturer liability claim is probably on your to-do list.
However, filing a product manufacturer claim means following a few steps. Skipping over a step can be the difference between receiving compensation or having your claim denied.
Do You Have a Food Manufacturer Liability Claim?
Just because you have an allergic reaction to an ingredient doesn’t automatically mean you can file an injury claim.
You may have an undiagnosed allergy and this isn’t the fault of the product’s manufacturer. The same applies if you knowingly eat a food item you know contains allergens. Since you decided to consume the food, you’re the liable party. You can’t exactly file an injury claim against yourself.
However, if the product manufacturer is ignoring consumer protection laws set down by the Food and Drug Administration (FDA), this may be grounds for filing a liability claim.
What are these laws? The laws work to protect consumers from product injuries. This includes exposure to food allergens like nuts, dairy, and shellfish. All food items must contain product labels. The labels must list all of the product’s ingredients, along with some nutritional information like number of calories. Any product that may contain a known food allergen must also have a warning label.
If the label is missing or incomplete, this can be grounds for filing a liability claim against the food manufacturer. Another reason for filing a compensation claim is if cross-contamination occurs at the manufacturing facility.
Potential Recoverable Damages in Food Manufacturer Liability Claims
Your injury claim will probably list your medical expenses. You may even be able to claim lost current income. These are known as economic damages and are standard in almost every liability claim.
Don’t forget about your non-economic damages like pain, suffering, and mental anguish. Your non-economic losses can make up a significant portion of your claim’s value.
Proving a Product Liability Claim
Food manufacturer liability claims fall under the guidance of personal injury law. Think of personal injury law as a huge umbrella covering pretty much every type of accident.
In most personal injury claims, proving negligence is a must. However, product liability claims can be a little different. These types of compensation claims often fall under strict liability rules. This means negligence is already implied so you can skip this step.
Strict liability often applies in product manufacturer claims for a simple reason. Consumers have a guaranteed expectation of safety when they purchase or consume a food item. If the food item is tainted with allergens not marked on the packaging, it’s considered negligence.
Being able to skip proving negligence does make the claim process a little easier but you still need to provide proof of your injuries.
Seek Immediate Medical Attention
As soon as you believe you’ve been exposed to a food allergen, head to the emergency room. This often applies even if your symptoms are mild.
Sometimes it takes a bit for symptoms to manifest. You may start off with an itchy throat but it can rapidly turn into a serious health condition. Your throat may swell shut blocking your airways. Don’t take this risk, always seek immediate medical attention anytime you have an allergic reaction to a food item.
Besides, you’re going to need your medical records for your injury claim. Your medical records support your claim you’re exposed to a food allergen and suffered symptoms.
Document Everything
Do you keep a journal? If not, now’s the time to start jotting things down. The insurance adjuster is going to have plenty of questions and your ability to answer each one can impact your injury claim.
What should you be writing down? Keep a record of your symptoms, including your pain and suffering. Your mental anguish can be a claimable injury. You also want to write down everything you consumed the day you experienced your food allergy symptoms.
The food manufacturer’s attorneys are going to try and place the blame on something else you ate or drank. Being able to provide a list of everything you consumed that day can help speed up the claim process.
Gather Your Evidence
Your evidence is going to include your medical records, along with the list of foods and drinks you consumed during the day you came down with a food allergy. Hopefully, you have receipts detailing your purchase. If you can’t track down the receipts, check your financial statements. As long as you used a credit or debit card, there should be a record of your purchase.
You need to prove you purchased the food item before the insurance company will approve your injury claim.
If a food allergy occurs at a restaurant, the same also applies. You must show proof you ordered the product at the restaurant. You should also try to pick up a copy of the menu. The menu can show the restaurant wasn’t the area where the product contained known food allergens.
Remember, you’re not filing a claim against the restaurant. You only need to show the restaurant wasn’t aware of any potential risks to consumers.
For product liability claims involving cross-contamination at the manufacturing facility, you’re probably going to need to call in some experts. Your product liability attorney should have access to any necessary resources. This can include contacting the health department to run tests at the facility.
Don’t Navigate a Food Manufacturer Liability Claim Alone
Filing an injury claim against a food manufacturer is rarely easy. The manufacturer probably has a robust legal team ready to pick your claim apart. Working with an experienced product liability attorney can help ensure you can recover compensation for your damages.
