Are Restaurants Liable When Customers Have Life-Threatening Allergic Reactions? Attorney Steven A. Kronenberg Interviewed by MarketWatch
Consumers who experience allergic reactions when dining out can take legal action against the restaurant, but proving liability can be challenging. In the MarketWatch article, “Are Restaurants Liable When Customers Have Life-Threatening Allergic Reactions? It Depends on the State,” Steven A. Kronenberg discusses the complexities of establishing liability in food allergy lawsuits from state-to-state.
State laws across the country vary on what a plaintiff must prove when suing over allergies in purchased food. According to Kronenberg, some states require a “breach of warranty” to show negligence in a food allergy case, while others require “strict liability,” where negligence or lack thereof makes no difference. Additionally, these laws tend to be open to interpretation, making it difficult to establish liability. Although food allergy cases often settle quickly, Kronenberg notes, “Sometimes, damages are highly contested even if liability is clear.”