Severe Allergic Reactions at Schools and Daycare Facilities

Jed Dietrich, Esq. is Recognized as a Best Lawyer of America, and He Will Aggressively and Tenaciously Fight to Attempt to Obtain the Best Result Possible for Those Who Have Suffered from Food-Related Allergic Reactions at Schools or Daycare Facilities in Buffalo and the Greater Western New York Area.

Food allergies are on the rise, and this has led to changes in American society. Most schools have adapted to accommodate the growing number of people with food allergies, as 1 in 13 children and 1 in 10 adults have some form of a food allergy. The Food and Drug Administration (FDA) has issued voluntary guidelines for schools and care centers with children to educate its staff and make positive changes to the learning environment. The guidelines aim to prevent allergic reactions to food and to create a positive social atmosphere where children with food allergies can safely eat and not be socially ostracized. The State of New York requires school food personnel to have adequate training for serving students with food allergies and has also mandated that all New York schools carry and maintain a supply of epinephrine, the medicine used to relieve food allergy reactions.

Despite existing guidelines and mandates by state governments, school districts across the United States have been found liable in food allergy cases and have had to pay hundreds of thousands of dollars to injured families. Schools and daycare facilities must acknowledge when parents inform them of their child’s allergies. Although schools do not have to accommodate every request, they must take reasonable and practical steps to ensure there is a safe environment. Not only do schools need to have cafeterias and food consumption areas safe for those with food allergies, but they must also give equal access to learning opportunities to food allergy affected students, i.e., not barring them from certain classes or putting them in situations where they might be discriminated against by their peers.

In every school classroom in the United States, there are roughly two children who suffer from a food allergy, and 40% of these children have more than one type of food that triggers allergic reactions. It is paramount that parents, teachers, and school officials be aware of the common types of foods that cause allergic reactions with children, as this is the first step in preventing a child from having an allergic reaction at school. In general, the most common foods that trigger allergic reactions for children are:

1. Seafood;
2. Milk and dairy products;
3. Peanuts and tree nuts;
4. Eggs; and
5. Soy products.

Of the list, seafood may be the only item that is not commonly found in school cafeterias or eaten during classroom breaks or snack time. The rest of the list, however, can often be found at schools, so teachers and school officials should take practical measures to ensure the safety of their students. Schools that do not make sufficient plans to address children with food allergies, despite the ever-growing number of schoolchildren diagnosed each year, or do not follow local, state, or federal guidelines, may be liable if a child is negligently exposed to any of the abovementioned foods.

The Centers for Disease Control (CDC) recommends schools take the following actions:

1. Monitor students with known food allergies daily;
2. Install a plan for food allergy-related emergencies;
3. Train staff to identify and provide immediate action for suspected allergic reactions; and
4. Reserve a safe eating space for children with food allergies.

As food allergies cannot be cured, prevention and planning are the keys to preventing severe allergic reactions. If your child suffered an allergic reaction from food at a school or daycare facility and there is reason to believe negligence was involved, immediately contact Western New York’s premier personal injury law firm, the Dietrich Law Firm P.C., at 716-839-3939 or visit our website for a free review of your claim.

Along with being named one of 2021’s top ten personal injury lawyers, Jed Dietrich, Esq. has over 20 years of experience in personal injury law and fights adamantly and aggressively to get the best results for his clients. Jed Dietrich, Esq. has demonstrated this commitment to his clients throughout his long-tenured career by securing at least $1,000,000.00 or more 38 times in personal injury cases.

Jed Dietrich, Esq. and his top rated team of experienced Western New York personal injury lawyers at the Dietrich Law Firm P.C. will give you the support you need for your claim. Those who have been negligently exposed to food allergies may be entitled to financial compensation and should seek the exceptionally competent legal representation that the Dietrich Law Firm P.C. will provide.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!