Yes, you may be able to hold the school responsible for your child’s allergic reaction, if the school was aware that the child had an allergy and fed your child that food anyway. Studies have shown that more and more students are reporting food allergies, and schools have a responsibility to keep their students safe. If teachers and administrators do not put policies and procedures in place to help manage allergies, and do not take appropriate actions to protect their students, children can be harmed.
Under federal law, schools and daycare centers must accommodate students with food allergies. This must be done in order to reduce the risk of an allergic reaction that could cause death or serious injury. Some common food items that contain allergens include peanuts, tree nuts, shellfish, wheat, milk, eggs, and soy. If children who are allergic to those foods are exposed to them, they have may have a potentially serious or even fatal reaction.
Ideally, parents will work closely with teachers and school administrators to figure out a plan to help provide a safe environment for students. There may need to be certain policies in place covering emergency procedures, general policies for food handling and consumption, and hand washing policies.
If your child has suffered a serious allergic reaction to a food, which you believe was caused by the negligence of a school or a daycare facility, you should speak with an attorney. You may be able to seek damages against the school for your child’s damages. If you are in Los Angeles, call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. Call today to learn more or to schedule a free consultation on your case.