According to the Center for Disease Control, almost 6% of people in the United States have a food allergy. Whether it be yourself, a family member, or a friend, it is highly likely that you or someone you know has a food allergy. If you have ever eaten out at a restaurant with a food allergy, you have probably told the server multiple times about your allergy, and once the food arrived, you likely confirmed that the food the server delivered was safe.

Although you may take all the right steps to ensure your food allergy is known to restaurant staff, sometimes that is not enough. We have many cases where clients told the server about their allergy multiple times but were still given food containing their allergens. In other cases, clients have placed online delivery orders with restaurants, specifically noting their allergies on the order form, but still received food containing their allergens, and experiencing a reaction.

It is important to know that as a customer dining at a restaurant or ordering from a restaurant, the restaurant has a duty of care to you. This includes a duty to serve you food that is free from your allergens once they are informed of your allergies. Therefore, if you have experienced an allergic reaction at a restaurant or food delivered from an establishment, there are important steps you can take after consuming allergic ingredients in food to keep yourself as safe as possible and preserve important information to protect your ability to pursue a personal injury claim.

1. Be mindful of allergic reaction symptoms

If you have an allergy, it is important to pay attention to any symptoms you have when eating out at a restaurant. Symptoms for allergic reactions can be different depending on the person. Symptoms typically can include vomiting or stomach cramps, hives, shortness of breath, wheezing, repetitive cough, shock or circulatory collapse, tight or hoarse throat, trouble swallowing, swelling of the tongue that affects ability to talk or breathe, weak pulse, pale or blue coloring of the skin, dizziness or fainting, and, in the most severe cases, anaphylaxis. If you experience any of these symptoms, seek medical attention immediately.

2. Carry your EpiPen and use your EpiPen according to your doctor’s instructions if you are experiencing an allergic reaction

You should always carry your EpiPen with you, especially when dining out, if you have a food allergy. If you experience an allergic reaction, use your EpiPen according to your doctor’s instructions, and this is often immediately. If you are not able to administer it yourself, have someone with you or medical personnel administer the EpiPen.

3. Seek immediate medical attention & calling an ambulance

It is important to seek immediate medical attention, and this often means calling an ambulance if you are experiencing an allergic reaction. The paramedics can provide you with lifesaving medical care at the scene and ensure you are stable throughout the ambulance ride to the hospital.

4. Go to the emergency room

This is part of seeking immediate medical attention to make sure you get the medical care needed to counter the allergic ingredients in your body. When you experience an allergic reaction, you should go to the emergency room, even if your reaction seems mild, to ensure that you are okay. Hospital personnel may administer an additional EpiPen, provide medication, and monitor you to ensure your symptoms do not get worse and that you are improving. In the case of a severe allergic reaction, it may require an extended hospital stay and extensive care.

5. Secure & take photographs of the food, menu, restaurant allergy warning, and receipt

If possible, take photographs of the food served to you at the restaurant. Because your health is what is most important, it may not be possible to take photographs while at the restaurant if you require immediate medical attention. If you are unable to take photographs of the food, go online to the restaurant’s website and download a copy of the menu. If the restaurant has an ingredient list on the website, download that as well. It is also important to keep any copies of receipts or order confirmations to prove you dined or ordered at the restaurant.

If you ordered food to your home, it can be beneficial to freeze the food delivered to you as further proof that the food contained the allergen, if needed in the case.

6. Contact the restaurant and report the allergic reaction

Even if the restaurant staff was aware of the incident when it happened in the restaurant, it is important to contact the restaurant after the allergic reaction to formally report the incident. While speaking to someone, get the name and contact information of the restaurant management and person communicating with you so that you can contact them in the future if necessary.

7. Get the names and contact information of those dining with you and who saw your allergic reaction

Witnesses are an important source that can greatly strengthen your personal injury case. If you were dining with others, take down their contact information. An attorney will likely want to contact them to get a better understanding of how the allergic reaction happened from another person’s point of view. An allergic reaction can be scary, and the person experiencing it may not remember everything. Getting details from witnesses can greatly strengthen the details of what occurred and show that the reaction was visible and known to others.

8. Write down the events as you remember them as soon as possible

Write down your memory of the allergic reaction including the symptoms you experienced, food you ate, who you were with, and where you went after the incident as soon as possible. The further away you get from the incident, the more difficult it will be to remember specific details that may be important to your case. Write down any details or experiences you remember and bring your notes when you meet with your attorney.

9. Keep track of all medical visits and bills

Medical records and bills are important evidence in all personal injury cases. The medical records provide an understanding of how severe the allergic reaction was and the needed treatment, while the medical bills indicate the total cost of medical treatment. Both medical records and bills will play key factors in the settlement value of your case. Therefore, it is necessary to keep all medical bills you receive from visits pertaining to the accident. Keep track of the dates you received treatment so that your attorney can request the pertinent medical records to use as evidence in the case.

10. Contact an attorney with experience in food allergy cases

Nadeau Harkavy LLC has extensive experience representing both adults and children who suffer food allergy illness due to the careless behavior of the food establishment employees. These cases require attention to the details and the gathering of important information and documentation to prove the claims against the restaurants that failed to serve safe food to its customers. If you have experienced an allergic reaction due to the failure of the food establishment to confirm your food contained no allergic ingredients, contact Nadeau Harkavy LLC for a free initial consultation.

At Nadeau Harkavy LLC, we have over 60 years combined experience representing injured people and their families when they have been involved in an accident such as experiencing an allergic reaction, motor vehicle accident, trip and fall or other type of accident. We have recovered millions of dollars in compensation for our clients over the years to help them get on with their lives after suffering the consequences of a serious accident.  We make sure everything is done to protect your interests while you and your family concentrate on getting better. We handle all types of car accident cases including wrongful death and brain injury. We represent drivers, passengers, pedestrians, bicyclists, as well as other types of car accident cases such as scooter, motorcycle, and skateboard cases. We also handle other types of injury cases such as trip and fall, slip and fall, food allergy, dog bite, construction site, and catastrophic, life altering injury accidents. If you or a loved one has been harmed through no fault of your own, call us today for a free consultation about your legal rights at 617-674-7640.