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Can You Sue After Suffering from an Allergic Reaction?

Published on Apr 23, 2020 at 11:45 am in Personal Injury.


When you have an allergy you know about, you don’t want to avoid the world for what might happen if you come in contact with it. Sometimes, people unknowingly expose you to your allergy and give you an allergic reaction. Even worse, if you didn’t know you were allergic to the substance, and this is your first reaction, it could get dangerous very quickly if your allergy is severe.

Whether you have an allergic reaction from food, medication, or another product, like cosmetics, you might be able to file a claim against the party responsible for giving you the reaction. A Charleston personal injury lawyer from DiPiero Simmons McGinley & Bastress, PLLC can help you through the process of filing a case against the person or entity who caused your allergic reaction.

When Can You Sue for an Allergic Reaction?

After a severe allergic reaction, you are likely looking for someone to hold responsible because you feel it could have been prevented. But not every situation has someone to blame, depending on how it played out. In order to have a potential claim against anyone for an allergic reaction, you must have first made the party aware of your allergy.

For example, if you go out to eat at a restaurant, you must inform your waiter of your allergy so that they can ensure the chefs do not include the ingredient or ingredients in your dish. Even though it might feel embarrassing to tell the wait staff about your allergy every time you go to a restaurant, it’s better than having an allergic reaction because they didn’t know.

Allergies should be taken seriously. When they’re not, your life is put at risk. When you’ve made the restaurant or homeowner aware of your allergy, let’s say tree nuts, and they still serve you food with walnuts in it, then they have been negligent. You can file a claim against them for your allergic reaction. When you have a reaction, like anaphylaxis, you likely will need to go to the hospital. Luckily, only about 1% of hospitalizations for allergic reactions end in death. But, ending up in the hospital is still scary and expensive.

Similarly, if a doctor neglects to notice an allergy listed in your chart and gives you medication that causes an allergic reaction, you could file a medical malpractice claim against them.

Cosmetics can also cause allergic reactions. Hair dye, lotions, and makeup products can all cause allergic reactions, but when is anaphylaxis the cosmetic company’s fault? When a product is mislabeled, does not have an allergy warning, and you have a reaction to it, they can be liable for not disclosing the proper information.

Regardless of how severe your allergy is, neglecting to tend to your allergy causes you physical pain, and, in the worst cases, even death.

What Are Common Allergies?

It might seem like having allergies is rare, but over 50 million Americans experience allergies every year. There are indoor and outdoor allergies, as well as skin, food, drug, latex, and insect allergies, to name a few. Restaurants, product manufacturers, and the people in your life are usually aware of the most common allergies and know how to prepare for them, but still won’t know if they need to cater to you unless you tell them.

Here are some of the most common allergies that people have:

  • Peanut
  • Milk
  • Shellfish
  • Grass
  • Dust
  • Cat and dog
  • Penicillin
  • Latex
  • Insect stings

Most people with even the most common allergies go out into the world with a sense of caution, but when you have a rare allergy the world can be even scarier. After an allergic reaction that could have been prevented, you’ll want to hire an experienced Charleston personal injury lawyer from DiPiero Simmons McGinley & Bastress, PLLC who can fight to hold the negligent party responsible for your physical and emotional suffering. We’ll investigate what happened and figure out your best course of legal action moving forward. Don’t hesitate to reach out to our office today so that we can discuss your potential claim.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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