South Florida Injury Lawyer Blog
Florida is the vacation capital of the world with more resorts and destination venues than anywhere else on Earth. There are likely more restaurants and food vendors than most places in the world. Restaurants and food sellers have a duty to provide their customers with safe food, free of contaminants that may cause food poisoning. They also have a duty to provide safe food to those customers who have informed them of serious food allergies or to inform the customer that they cannot guarantee non-contaminated food so that the customer can go elsewhere to eat.
If a restaurant or food seller has failed in either of these duties and has caused you harm, you have the right to compensation. However, food poisoning and allergy cases can be very different. You need an experienced and qualified personal injury lawyer who is familiar with the nuances of these cases to provide you with the best legal representation to win the highest possible award for your injuries.
Food poisoning
Food poisoning can occur at almost any point in the production, packaging, and delivery of food to the consumer. Some causes of food poisoning include:
- Contamination from animal waste, polluted water, or some other environmental hazard in the production of any of the ingredients
- Contamination from toxic chemicals
- Unsanitary conditions during any stage of production of the end product
- Improper food storage or temperature during production, transport, or storage on location
- Contamination from poor hygiene of employees
- Cross-contamination from other foods
- Improperly cooked food, allowing bacteria to survive
- Unhygienic conditions or improperly sterilized utensils where the food is being prepared for consumption
Because the cause of the food poisoning is so broad, it will take a very experienced attorney to investigate thoroughly to prove your illness or injury was caused by the food that you consumed.
If multiple people have fallen ill from the same meal at the same restaurant or from the same produce, meat, or fish purchased at the same store, your lawsuit will be strengthened considerably and the work of discovery will be greatly enhanced.
While it is difficult to prove, it is not impossible. As soon as you are able, contact an experienced lawyer to begin investigating your case.
Food allergies
Food allergies can be deadly. The federal Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) requires certain labeling practices from food manufacturers. The findings in 2004 indicated that 2% of adults and 5% of infants and young children in the U.S. suffered from food allergies. At that time, roughly 30,000 individuals needed emergency room treatment each year and, sadly, 150 individuals died because of allergic reactions to food. According to Food Allergy Research and Education (FARE) those numbers have dramatically increased in recent years, with 10% of adults and 8% of children identifying as having food allergies. This is a staggering number.
FALCPA identified eight allergens that are responsible for 90% of food allergies and requires all food producers to clearly label their food with all ingredients, including these major categories:
- Milk
- Eggs
- Tree nuts
- Wheat
- Soy
- Fish
- Crustaceans, shellfish
- Peanuts
- Sesame (added in 2023; previously manufactured products may not include it on their labeling)
FALCPA requires that the common terms be listed (such as “peanut” as opposed to “legume” or “groundnut”) and the specific type of allergen listed (for instance “almonds” as opposed to “tree nuts.”) Further, ingredients within ingredients must be listed (for instance, a food that contains soy sauce must list its ingredients, which include both soy and wheat).
While there is no law in Florida requiring labeling for restaurant menus indicating allergens in their food, it is foolhardy and potentially life-threatening to ignore such a critical issue and not try to address it before someone experiences a severe reaction at their place of business. Therefore, it is common to see warnings such as “This product contains eggs.” However, the restaurant may not take the time to look at ingredients within ingredients. Therefore, it may not list wheat as an ingredient if the recipe includes soy sauce.
A person with severe allergies certainly has a difficult time traveling or eating out. But for many people with food allergies, slight cross-contamination is not a danger; as long as they don’t actually ingest the allergen, they do not have a severe reaction. When you inform a server that you have a food allergy and you order something that does not have your allergen listed, ask the server to have someone confirm with the chef that your allergen is not in the food or anywhere in the ingredients.
If you have informed the restaurant of your allergen and you are served a meal that leads to an allergic reaction, you may be entitled to compensation for your suffering.
Don’t wait to contact a competent Florida personal injury attorney. As a Floridian myself, I believe in “fighting for the rights of the little guy” against the highly lucrative businesses, insurance companies, and medical institutions that have the financial resources to squash your efforts to recover damages due to negligent behavior or faulty products, whether that be food poisoning or allergic reactions. Contact me 24/7 at (954) 448-7288, from anywhere in Florida, for a free consultation to see how I can help you.