Key Legal Considerations for Parents of Children With Food Allergies

May is National Asthma and Allergy Awareness Month, and the 2nd week of May is Food Allergy Awareness Week.

Parents with children who suffer from food allergies maintain a strict awareness of food allergy dangers every day of every month, living with the keen understanding of what it takes to protect their kids from serious reactions and anaphylactic shock. This month is a dedicated time to review the important facts surrounding the potential legal concerns that might result from your child having an attack, and to share your knowledge with friends, family members, caretakers, teachers, coaches, and more.

Continue below to learn more about Food Allergy Awareness Month, including some key legal considerations you should explore or prepare for if your child has serious or life-threatening food allergies.

Asthma and Food Allergy Awareness Month is celebrated in May.
Asthma and Food Allergy Awareness Month is celebrated in May.

Food Allergy Awareness and National Asthma and Allergy Awareness Month

We can give thanks to the Asthma and Allergy Foundation of America (AAFA) for declaring May as the National awareness month for both asthma and allergies. Their food allergy division, Kids With Food Allergies (KFA), reports that more than 6 million children suffer from food allergies, the most common allergens being peanuts, tree nuts, shellfish, fish, milk, eggs, wheat (gluten), sesame, and soy.

Parents Raising Children With Food Allergies

When your child suffers from serious or life-threatening food allergies, the concern for potential accidents never goes away. But with avid education, you can help your kid as well as their teachers, coaches, daycare staffers, and family better monitor and abate the risk of reaction when you are not around. However, accidents happen, and when they do, parents of children with food allergies may face certain legal matters.

Kids With Nut Allergies

Parents who have kids with nut allergies can protect themselves from a legal battle with schools or daycare centers by implementing risk-abatement strategies and routines. It is important to routinely remind the school, daycare, or activity center of your child’s food allergy, plus ensure they have a fixed anaphylaxis care plan in place and an EpiPen always available if something happens. It is recommended to review their allergy management policy with them to fill in any inadequacies.

Suing for Negligence in a Food Allergy Lawsuit

When a child suffers a serious allergic reaction to a food allergy, many parents want to know if they can sue the presumed responsible party. When it comes to food labels, the Food Allergen and Consumer Protection Act of 2004 mandates that all food manufacturers clearly label their products with a warning if they contain a major food allergen, like nuts or shellfish. Restaurants are typically good at scripting their menu items and warning if a food contains a major food allergen. But if a restaurant or food manufacturing company fails to uphold that duty of care, they could be held liable for the damages and losses suffered as a result of a serious or fatal allergic reaction.

In 2008, the legal definition of disability was broadened to include those who suffer from serious food allergies. Thanks to the Americans with Disabilities Act (ADA), discrimination against disabled individuals is illegal. If a school, daycare, or activity center refuses to accommodate or disregards your child’s food allergies, they could be in violation of this Act, thus subjecting them to civil litigation.

Was your child serious injured after experiencing a severe allergic reaction at the hands of another caregiver or authority? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned child injury attorney in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

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What to Do if Your Child Was Injured Because Another Adult Was Negligent
Is the School Liable for My Child’s Injuries?
Can I Make a Food Poisoning Personal Injury Claim?