Florida restaurant owners, operators, and employees must warn guests about potential allergens in menu items. They also must warn if certain items are prepared near common allergens. Warnings must be accurate and clear, stating which dishes contain specific allergens.
Failure to properly identify allergens in menu items may result in the restaurant being held liable for resulting injuries. Below, our Florida premises liability attorney explores how one may sue a restaurant for allergic injury.
The legal basis for food allergy claims
Restaurants and other food service establishments have a legal duty to ensure the safety of their patrons, which includes preventing harm from known allergens. This duty encompasses proper food handling, accurate communication about ingredients, and measures to prevent cross-contamination.
When a customer informs the staff of a specific food allergy, the establishment must take reasonable steps to accommodate this need. Failure to do so can be considered a breach of duty, potentially leading to legal liability if the customer suffers an allergic reaction as a result.
To fulfill this duty of care, restaurants should implement comprehensive safety protocols, including:
- Clear communication channels between front and back-of-house staff.
- Written procedures for handling allergy-specific orders.
- Regular staff training on ingredient communication and cross-contamination prevention.
- Emergency response procedures for allergic reactions.
These measures help protect both customers and establishments by reducing the risk of allergen exposure.
Your responsibility to disclose
Customers are also responsible for their safety by disclosing known food allergies to the restaurant staff. This mutual awareness and communication are crucial in preventing allergic reactions and ensuring a safe dining experience for all patrons.
Florida laws concerning food safety at restaurants
In Florida, restaurant operators are subject to specific legal responsibilities to ensure public health and safety. The Division of Hotels and Restaurants, established under Florida Statute 20.165, oversees the licensing, inspection, and regulation of public food service establishments.
Chapter 509, Part I, Florida Statutes, outlines the requirements for these establishments, including definitions, duties, and sanitary regulations. Operators are required to establish reasonable rules for their establishments’ management and ensure compliance with sanitary regulations as specified in sections 509.101 and 509.221.
Additionally, operators must maintain copies of the latest food service inspection reports and make them available upon request. Adherence to these statutes is essential for legal compliance and the well-being of patrons.
Allergen responsibility applies to all restaurant workers
Proper allergen response procedures and thorough staff training on handling customer allergies are part of a Florida restaurant’s duty of care for guests. This includes training staff to:
- Ask about potential allergies when taking an order
- Explaining all ingredients in a dish if a customer asks about potential allergens
- Clearly communicating a food allergy to the kitchen
- Management oversight of allergy-flagged tickets to ensure staff follow all proper food handling protocols
Both wait staff and kitchen staff should thoroughly understand common allergens and the dangers of cross-contamination. Each restaurant may have its own system for preventing allergen cross-contamination, although the legal duty to prevent feeding a customer an allergen remains the same.
Filing a claim for negligence after consuming an allergen
When you sue a restaurant for a nut allergy, shellfish allergy, or gluten sensitivity, you and your attorney must prove that the restaurant failed in their duty of care. Your case must include evidence to prove:
- The restaurant served food containing allergen ingredients but did not note dishes containing these allergies on the menu
- Your order-taker did not inform you of allergens in the dish you ordered after you asked about potential allergens
- The kitchen failed to follow proper allergen protocols, resulting in a dish either containing or being contaminated by an allergen
Then, you must establish that you suffered harm after consuming the allergen and that this harm cost you money. Your personal injury suit intends to compensate you for all the out-of-pocket losses stemming from eating the allergen, as well as for your pain and suffering.
How can a lawyer help me?
Can you sue a restaurant for a gluten allergy? In your unique case, the answer starts with a phone call to Lytal, Reiter, Smith, Ivey & Fronrath.
Our Florida personal injury lawyers have extensive experience litigating cases where much of the evidence has already been consumed. We understand the right way to build your claim. Contact us at (561) 655-1990 for a free consultation.
