How Restaurants Can Reduce The Risk Of Food-Allergic Cases
Restaurants must ensure the meals they serve don’t result in injuries. They can do this by:
Training Staff
Nevada laws require people in charge at food establishments to properly train employees on food safety, including, without limitation, food allergy awareness, as it relates to their assigned duties.
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Restaurant owners can enroll food managers and food handlers in organizations that offer restaurant staff training courses accredited by the ANSI National Accreditation Board (ANAB).
These courses teach basic food allergy topics, the seriousness of food allergens, cross contamination, steps to take when a diner discloses an allergy, how to recognize the symptoms of a food allergic reaction, and what to do in case of food allergy.
An employer or local authority may determine the topics a restaurant’s employees should be trained on. After passing exams, an employee will receive a food allergen certificate, which will be valid for a specified period, after which they need to retake the training course.
Have Policies And Procedures For Protecting Customers With Food Allergies
To avoid cross-contamination, it’s critical to use separate equipment and areas when preparing and cooking dishes for customers with food allergens. If a restaurant does not have a separate preparation or cooking area, the existing one should be properly cleaned and sanitized before being used to prepare and cook food for a customer with a food allergy.
The U.S. Food and Drug Administration (FDA) has recommendations for wiping and cleaning food-contact surfaces, focusing on allergen removal. Restaurants should pre-scrape food from surfaces before cleaning, as this helps with allergen removal, and then use wet cloths/wipes and alcohol/quat wipes.
Food managers should also wash their hands thoroughly between preparing meals for customers with and without allergies to prevent cross-contact.
Restaurants need to thoroughly clean utensils before using them to handle food for diners with allergies or use separate ones. Color coding utensils can help to avoid confusion — for instance, red knives for red meat, green for vegetables, and orange for seafood.
Additionally, restaurants should label ingredients properly and separate those with allergens from those without.
When a customer discloses a food allergy to a restaurant staff member, the latter needs to clearly communicate such information with parties involved in preparing, cooking, and handling that customer’s dish to ensure the restaurant’s policies and procedures are implemented effectively.
List Ingredients On The Menu
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Although not legally required, it can be beneficial for a restaurant to list the ingredients of meals on the menu. Nonetheless, a restaurant should still provide a customer with in-depth information about a dish upon request.
Have An Allergy Aware Poster
Allergy awareness materials in a restaurant educate staff on protecting customers with food allergies. Generally, these materials list the major allergens, state what a staff member should do when a customer informs them of a food allergy, list symptoms of a food allergic reaction, and give guidance on what to do when a guest has an allergic reaction. Some even include guidance on preventing cross-contamination.
Informing A Restaurant About Your Food Allergy
Although restaurants should ensure diners are adequately informed about their dishes and potential allergens, a customer needs to disclose their food allergen.
If a customer with a food allergy accidentally ate a dish containing an allergen but didn’t inform the restaurant about their allergy, the restaurant may protect itself by arguing the incident would have been avoided if it had been aware of the food allergy. Therefore, always actively inform restaurant staff about your food allergy.
However, if you developed a food allergy reaction at a restaurant and hadn’t disclosed your food allergy, this should not prevent you from fighting for your rights. The restaurant may have acted negligently in one way or another. An investigation can reveal such information.
What To Do When You Develop A Food Allergic Reaction In A Restaurant
If you develop a minor food allergic reaction at a restaurant, take an antihistamine to help reduce symptoms. You should then seek medical help. If you have a severe allergic reaction, use an epinephrine auto-injector and go to the nearest hospital.
It’s crucial for people living with a food allergy to carry their epinephrine auto-injector at all times. However, if you don’t have it, the restaurant may have theirs, which you can use. Nevada passed “entity laws,” authorizing certain entities where allergens capable of causing anaphylaxis may be present on the premises, such as restaurants, to obtain an order from a healthcare provider for auto-injectable epinephrine. Note that this is not a requirement.
After receiving first aid, take photos and videos of the food, menu, allergy warning, your receipt, and your physical injuries before leaving for the hospital, if possible. If you can’t, ask someone to help you.
It’s recommended to keep a sample of the food that caused the allergic reaction. Also, if you can, get the contact information of other customers who are willing to provide witness statements. Contact them immediately after receiving medical attention. You should also write down everything you remember about the incident as soon as possible.
When you return to the restaurant after treatment, officially report the incident to the restaurant manager. If you can do this before leaving the restaurant, the better.
Filing A Lawsuit Against A Restaurant
To sue a restaurant for food allergy, you need to prove duty of care, breach of duty of care, causation, and damages.
Restaurants owe their customers, including those with food allergies, a duty of care. When a restaurant accepts to serve you, they need to follow the correct procedures when handling food to prevent any potential allergic reaction.
When you ask a restaurant about the presence of allergens in a particular food, they have a duty of care to provide accurate and complete information about the ingredients in the dish. They should also inform you of potential cross-contamination risks.
When you disclose your food allergy to a restaurant, it has the duty of care to provide you with accurate information, make accommodations to prevent an allergic reaction and act reasonably if something goes wrong.
To prove a restaurant owed you a duty of care, you need to show you were a customer, which can be done with your order or receipt.
A restaurant that fails to take reasonable steps to prevent harm may have acted negligently and breached its duty of care. Photos and videos of the menu and other crucial details, a sample of the dish, and witness statements can help you prove this element.
Your medical records can prove the restaurant’s negligence directly caused your allergic reaction. Lastly, any evidence proving you suffered physical injury and financial loss will be crucial in proving damages.
Proving negligence is integral to receiving food allergy lawsuit settlement amounts.
How We Can Help You
If a restaurant fails to meet the required health and safety standards of care to protect you from an allergic reaction, you may be eligible for compensation. Adam S. Kutner, Injury Attorneys, handles food poisoning and food allergy cases in Las Vegas. We help those injured receive fair food allergy lawsuit settlement amounts.
FAQ
Can You Sue A Restaurant For A Food Allergy?
Yes, you can sue a restaurant for a food allergy if you can prove they acted negligently, causing you physical injury and other damages.
How Much Can You Get From A Food Allergy Lawsuit?
Food allergy lawsuit settlement amounts depend on several factors, including the severity of the allergic reaction, lost wages, and medical expenses incurred, among others.
Can You Sue For An Allergic Reaction?
If a restaurant breaches its duty of care, causing you to suffer an allergic reaction, you can sue them.
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This post was last modified on December 15, 2024 11:43 am