Losing a loved one is devastating, especially when their death could have been prevented. Food allergy-related deaths caused by contamination or negligence at a restaurant are tragic examples of preventable loss. If you’ve lost someone under these circumstances, you may feel overwhelmed by grief, anger, and confusion about what to do next. Understanding your rights and seeking legal help can bring clarity and justice.
Here’s what to do if your loved one suffered a fatal allergic reaction after dining at a restaurant in Philadelphia, Pennsylvania.
Step 1: Seek Immediate Medical Documentation
- Request Medical Records: Ensure the medical documentation clearly states the cause of death, including details about the allergic reaction.
- Preserve Evidence: Save the food packaging, receipts, or any evidence from the restaurant visit. This can be critical for proving negligence.
- Obtain an Autopsy Report: In some cases, an autopsy can provide additional clarity about the allergic reaction and its triggers.
Step 2: Report the Incident
- Contact Local Health Authorities: File a complaint with the Philadelphia Department of Public Health to initiate an investigation into the restaurant’s practices.
- Notify the Restaurant: Inform the restaurant about the incident, but do not engage in detailed discussions or accept any offers without consulting an attorney.
Step 3: Document Everything
- Collect Witness Statements: If family members or friends were present, ask them to document their observations of the incident.
- Record Communication: Save all correspondence with the restaurant, health authorities, and other involved parties.
- Photograph Relevant Evidence: Take pictures of food, packaging, or anything that could show the source of contamination.
Step 4: Understand Potential Causes of Contamination
Food allergy deaths in restaurants often occur due to:
- Failure to Disclose Ingredients:Incorrect menus or lack of allergy warnings.
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Cross-Contamination in the Kitchen
- Shared Equipment: Using the same utensils, cutting boards, or cookware for allergen-containing and allergen-free dishes.
- Improper Cleaning: Failure to thoroughly clean surfaces, utensils, or appliances between uses.
- Food Prep Practices: Handling allergen-free foods in areas where allergens are present, such as slicing vegetables on a surface used for bread with gluten.
Inaccurate Menu Information
- Omissions or Errors: Menus that fail to list all ingredients or provide misleading descriptions.
- Failure to Label Allergens: Restaurants that do not identify common allergens (e.g., peanuts, tree nuts, shellfish, dairy, gluten) in menu items.
Lack of Staff Training
- Uninformed Employees: Staff who don’t understand the severity of food allergies or how to handle allergen-free orders.
- Communication Breakdowns: Servers failing to relay allergy requests to the kitchen or miscommunicating details.
- Improper Handling: Staff mistakenly believing minor exposure to an allergen won’t cause harm.
Ignoring Allergy Requests
- Negligence: Not taking allergy disclosures seriously or failing to verify orders with the kitchen.
- Substitution Mistakes: Replacing an ingredient without confirming whether the substitute is allergen-free.
Bulk Ingredient Contamination
- Pre-Packaged Foods: Ingredients provided by suppliers may already be contaminated with allergens.
- Hidden Allergens: Additives or fillers in sauces, spices, or other pre-made items containing allergens without clear labeling.
Poor Allergen Management Protocols
- No Allergen-Safe Zones: Lack of designated areas for preparing allergen-free meals.
- Failure to Track Ingredients: Restaurants that do not maintain ingredient lists for each dish.
- Inconsistent Policies: Restaurants without standardized protocols for handling allergy requests.
Overcrowded or Busy Kitchens
- High Pressure: During peak hours, busy kitchens may cut corners or make mistakes.
- Mislabeling Orders: Allergen-free dishes might get mixed up with regular ones due to poor order management.
Supplier Mismanagement
- Incorrect Labeling: Suppliers failing to properly label allergen-containing ingredients.
- Cross-Contamination During Packaging: Ingredients contaminated during the production or transportation process.
Language or Cultural Barriers
- Misunderstanding Terms: Employees who may not understand specific allergen-related requests or terms.
- Cultural Ingredients: Certain cultural dishes may use allergens (e.g., peanuts in Thai cuisine) without explicit disclosure.
Deliberate Negligence or Cost Cutting
- Substituting Ingredients: Using cheaper alternatives that contain allergens without informing customers.
- Skipping Allergen Protocols: Neglecting allergen training or preparation to save time or money.
Step 5: Consult a Compassionate and Experienced Lawyer
After a tragedy like this, pursuing justice may seem overwhelming, but having the right legal team can help. An experienced personal injury and wrongful death attorney, like Richard Washington, can:
- Investigate the Incident: Identify whether the restaurant’s negligence caused the contamination.
- Gather Evidence: Work with experts to trace how the allergen entered your loved one’s meal.
- Hold Negligent Parties Accountable: Restaurants have a duty to provide safe dining experiences. If they fail, they can be held legally responsible.
What Compensation Can You Seek?
A wrongful death lawsuit can provide financial relief for:
- Medical Expenses: Costs of emergency care and treatment before your loved one’s passing.
- Funeral and Burial Costs: Support for laying your loved one to rest.
- Loss of Income: Compensation for the financial support your loved one provided.
- Pain and Suffering: Damages for the emotional trauma your family has endured.
Take Action for Justice
The loss of a loved one is an unbearable burden, but you don’t have to face it alone. Washington & Washington is here to fight for your family and hold negligent parties accountable for their actions.
Your family deserves justice. Let Washington & Washington help you find it. No fees until your case is resolved.
Toll free at 1-800-988-0158.