Allergy & Food Safety Injuries
A severe allergic reaction can happen in seconds. If you disclosed your allergy and were still served food that triggered anaphylaxis, sent you to the emergency room, or forced you to use an EpiPen — that is not an accident. That is negligence. Restaurants, food service businesses, and event venues have a legal duty to take your allergy seriously. When they don't, you have the right to hold them accountable.
We represent people throughout Florida who were seriously harmed because a business ignored, dismissed, or failed to communicate a known allergy risk. You pay nothing unless we win.
We take cases involving:
- Cross-contamination during food preparation
- Failure to disclose known allergens in a dish or product
- Ignoring a disclosed allergy warning before service
- Mislabeled food that triggered a serious reaction
- Unsafe food handling that put an allergic consumer at risk
- Reactions requiring EpiPen administration or emergency hospitalization
Your Rights as an Allergy Consumer
Florida law and federal consumer protection standards give you meaningful protections when it comes to food safety and allergen disclosure. Specifically, you have the right to:
Know exactly what ingredients are in the food you are served
Have your disclosed allergy taken seriously and communicated to kitchen staff
Trust the representations a restaurant or food business makes about your meal
Be protected from risks the business knew about and could have prevented
Seek compensation when those protections are violated and you are harmed
What Compensation May Be Available
If you were seriously harmed due to an allergy-related food safety failure, you may be entitled to recover:
Emergency room and hospitalization costs
Cost of epinephrine (EpiPen) and related emergency treatment
Ongoing medical care and follow-up allergy treatment expenses
Pain and suffering resulting from the allergic reaction
Compensation for long-term health impacts caused by the incident
What Clients Ask us Most
What compensation might I recover?
Depending on the facts of your case, compensation may include emergency medical expenses, the cost of epinephrine and follow-up treatment, pain and suffering, lost wages, and other damages caused by the reaction. Every case is different — the best way to understand what your case may be worth is to speak with us directly. There is no charge for the consultation and no fee unless we win.
What types of cases does Consumer Rights Law handle?
We handle cases involving undisclosed allergens, cross-contamination during food prep, failure to honor allergy warnings at the point of service, and mislabeled food that triggered a serious reaction. If you experienced anaphylaxis, administered an EpiPen, or required emergency medical care following a food-related allergic reaction, we want to hear from you.
What if the restaurant says it was just a mistake?
A mistake is forgetting to add an ingredient. Serving a customer food that you were told could send them to the hospital is a consumer safety failure — and businesses are legally responsible for the harm that results from preventable risks. "We didn't mean to" is not a defense when the warning was given and ignored.
Do I have a case if I had to use my EpiPen but didn't go to the ER?
Yes. Having to administer epinephrine is medical evidence of a serious reaction. You do not need a hospital bill to have a valid claim. The severity of your reaction, your documented allergy history, the circumstances of the incident, and any medical records connected to the event all matter. Contact us and we will evaluate your situation at no cost.
Do I have a case if I told the restaurant about my allergy and they still served me something I reacted to?
Yes. Disclosing your allergy and still being served a triggering food is one of the clearest forms of food service negligence. When a business receives an allergy warning and fails to act on it — whether through miscommunication, carelessness, or cross-contamination — they can be held responsible for the harm that results. You do not need to prove intent, only that their failure caused your injury.
Practice Areas & How We Can Help
