If a guest suffers an allergic reaction due to undisclosed ingredients—for example, from room service or restaurant food in a California hotel or business setting—they may have a viable personal injury claim under theories of:
⚖️ Legal Grounds for Liability in California:
1. Negligence
To succeed in a negligence claim, the injured guest must show:
- Duty: The hotel or restaurant had a duty to provide accurate ingredient information, especially when asked.
- Breach: The business failed to disclose allergens or gave misleading information.
- Causation: The lack of disclosure caused the allergic reaction.
- Damages: The guest suffered harm (e.g., ER visit, medical treatment, pain).
If the guest informed staff of a specific allergy (e.g., peanuts, shellfish) and was still served food containing that allergen, the breach of duty is clear and actionable.
2. Premises Liability
If the food was served on the hotel premises, this falls under premises liability — the hotel must keep the premises (including food service) safe for invitees, including warning about known or reasonably foreseeable hazards like allergens.
3. Products Liability
If the hotel or restaurant served prepackaged or third-party food, and the allergen was not disclosed on the packaging or by the staff, a strict products liability claim may apply — holding the manufacturer or supplier accountable.
4. Failure to Warn / Misrepresentation
If the hotel falsely assured a guest that the food was safe or allergen-free (e.g., “no nuts” when it contained trace peanut oil), they may be liable for negligent misrepresentation or failure to warn of a known danger.
💡 Key Legal Factors That Strengthen the Case:
- The allergy was communicated clearly by the guest
- The ingredient or allergen was not disclosed verbally or in writing
- The reaction was severe or life-threatening (anaphylaxis)
- There’s a medical record linking the food to the reaction
- Other staff or guests can corroborate what was said/requested
🏨 Example Scenario:
A hotel guest informs the restaurant they have a shellfish allergy. The server assures them the soup is safe. The soup contains shrimp stock, and the guest suffers a severe allergic reaction. This would be a strong negligence claim due to:
- Duty to provide accurate information
- Breach of that duty
- Causation and resulting damages
📄 Potential Legal Remedies:
- Medical costs (ER, medication, follow-up care)
- Emotional distress
- Lost income from missed work
- Punitive damages if the business showed reckless disregard (e.g., ignoring repeated allergy warnings)
🚨 Important Notes:
- California law does not require restaurants to list every ingredient on menus, but once an allergy is disclosed, there is a duty to respond reasonably.
- Inaccurate or careless responses after a guest discloses an allergy can be grounds for liability.
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].