For some people, eating certain foods or touching certain substances that are commonly around can mean ending up in the hospital. If you have an allergy to foods or other substances you are probably hyper-vigilant about avoiding the allergen. You might be conscientious about telling other people that you are allergic to peanuts, for example. However, for someone who does not suffer with severe allergies it can be surprising how easily a mistake can happen at someone’s home or at a business.
One might believe that, even if a patron or customer suffered an allergic reaction while in their restaurant or their building, they should not be held responsible. They may believe that they have no liability because they did all they could do to accommodate the person with the allergy. They may think that the reaction must have been caused by something else. For the person with the allergy it can be quite scary to eat food at restaurants, sleep in a hotel bed that has bugs they are allergic to, or sheets cleaned with a certain detergent. However, the reality is that an unexpected allergic reaction can happen because an allergen makes it into a product that is thought to be free of it because of negligence. This can be due to mislabeling by a manufacturer, cross contamination, residue that is on someone’s fingers or residue that falls into something else that does not have the allergen.
Allergic Reaction Injuries Can Be Serious
A food or chemical allergen can be minor, serious and life-changing, or result in death. chemical allergen can result in rashes or blisters. Food allergies are not always just welts or rashes. It can result in anaphylaxis, throat swelling, and death. In some people each new exposure can result in lower tolerance to the allergen. When a serious injury that is caused by an allergen has the potential to be life-changing. If you could not breathe after being exposed to an ingredient in paint being used in a building and, as a result, your brain was without sufficient oxygen for too long, it is highly likely that some functions impairment.
Evidence, Causation, Proof
Lack of sufficient evidence that proves causation is what makes some allergic reaction injury seem difficult, but it can be proved. It is important that if you have an allergic reaction caused by someone else’s negligence you seek medical treatment immediately, make sure the physician writes up the cause of your reaction in their notes, if you have any witnesses you should document their contact information. Consider that expert witnesses may also need to be involved. You want to be sure that you do not fall short in having a strong case.
You will want to speak to a personal injury attorney as soon as you can so that your attorney can put a strong case together and you can get as much compensation as you can. Contact our office for a consultation.