People can hold restaurants responsible if someone has anaphylactic shock from cross-contamination. Anaphylaxis is a serious allergic reaction. If it happens because a restaurant didn’t take proper precautions, the business could face legal consequences.
Restaurant responsibilities
If a restaurant knows about a customer’s allergy and still serves food that causes an allergic reaction, the courts could find them negligent. This is especially true if the restaurant fails to clearly label allergens on the menu or doesn’t train its staff to handle allergens properly.
Cross-contamination and liability
Cross-contamination happens when allergens come into contact with food that’s supposed to be allergen-free. This can happen through shared cooking utensils, surfaces, or even airborne particles in the kitchen. If a restaurant doesn’t take steps to prevent cross-contamination and a customer suffers an allergic reaction, the customer could hold the restaurant liable for any injuries or medical costs that follow.
Proving negligence in Massachusetts
To hold a restaurant liable for anaphylactic shock, the injured party must prove negligence. This means showing that the restaurant had a duty to prevent cross-contamination, failed to meet that duty, and that failure caused the allergic reaction. If proven, the restaurant may be responsible for covering medical bills, lost wages, and other damages.
Preventing liability
Restaurant owners and managers can protect themselves by implementing strict food safety policies. Staff should receive training on how to handle allergens carefully, and kitchens must avoid cross-contamination at all times. Clearly labeling allergens on the menu and taking allergy requests seriously can also help prevent personal injury claims.
Protect your business
Maintaining high food safety standards is essential for every restaurant’s success. By ensuring clear communication and proper precautions, businesses can create a safe dining environment for all customers.