Woman in teal shirt having allergic reaction on her forearms.

Can You File A Personal Injury Suit Over An Allergic Reaction?

Allergic reactions have been on the rise for decades, with roughly one-third of adults in the US suffering from one. Knowing what can trigger your allergy and who’s responsible can be challenging, especially when you weren’t aware of it in the first place. However, the law provides a few ways to hold businesses liable for your allergic reaction and get compensated for your damages. 

How Do Allergic Reactions Happen?

Allergic reactions happen when your immune system reacts negatively to something in the environment. While there are many types of allergens, some of the most common ones are:

  • Dairy products 
  • Nuts
  • Pollen
  • Wheat products
  • Shellfish
  • Prescription drugs
  • Vaccines
  • Injections
  • Dust

Severe allergic reactions can lead to an anaphylactic shock, which can be fatal if you don’t immediately seek medical attention. Other cases may lead to hospitalization and long-term health difficulties if exposed to the allergen long enough.

When Can You Sue For An Allergic Reaction?

If you experience a severe reaction, you may file a lawsuit and hold the person or business responsible for your damages. When filing a personal injury claim for an allergy, they generally fall into one of these three scenarios:

Failure To Warn

Individuals and organizations are responsible for warning others about any potential risks associated with a product or service. But sometimes, the person or organization won’t notify you despite the risks involved.

For example, imagine you have a severe cat allergy, and the person you’re visiting doesn’t warn you about having one in their home. If this situation leads to an allergic reaction that results in hospitalization, they can be held liable for the incident.

Negligence

Every business is responsible for providing a minimum standard of care for its customers. Regarding allergies, the Food Allergen and Consumer Protection Act require manufacturing companies and restaurants to notify customers about allergens they are in contact with.

For example, if you’re at a restaurant, you’re responsible for informing the staff about allergies. But if you still get sick from an allergic reaction after you did, you can file a claim and hold them liable for negligence.  

Medical Malpractice

Medication allergies are relatively common, but over-the-counter pills will list their ingredients for consumers to know what they contain. On the other hand, your doctor is responsible for being aware of your allergies and giving you a prescription that won’t harm your health.

If your doctor fails to consult you before prescribing medicine that makes you sick, you can file a medical malpractice lawsuit against them for not providing adequate care.

Our Lawyers Will Help You Seek Justice

An allergic reaction can be a horrific experience that may lead to long-term consequences for the victim. Individuals and businesses are responsible for being transparent about harmful allergens to ensure a safe environment, and if they don’t, you can hold them liable for any damages. Our personal injury attorneys will review your case and ensure you get the benefits you’re entitled to. Please contact us online or at (866) 575-0433 to schedule a free consultation today.