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Chicago Personal Injury Lawsuit – Wrongful Death Lawsuit Filed Against Chinese Restaurant

April 22, 2011

In Chicago personal injury cases involving food, the owners and managers of a restaurant where food is served to the public at large, have a duty of reasonable care towards their patrons and in an event where they have been notified that a person has allergies, have a duty to warn that person of the ingredients contained in the food they serve, of which they are aware, that will cause certain allergic reaction.

This is a simple duty. If you you are the restaurant owner and someone tells you that they are allergic to peanuts, and your food contains peanuts, you must tell that person of that fact. If you do not, and the person eats the food and die, then you have failed in your duty of reasonable care. It is really not that difficult and/or complicated.

That does not mean that the potential victim is off the hook and has no duty. Each of us, as members of this society have a a reasonable duty of care for our own safety. That is, when you are aware that Chinese Food may contain peanuts then you must take all reasonable precautions to ascertain that which you are served is  not going to hurt you.

In the Chicago personal injury case illustrated below, the restaurant allegedly was notified of the presence of allergies but failed to tell the person that their food contained those allergens.

Thomas A. Edison Regional Gifted Center Katelyn Carlson, 13, died after eating peanuts inside food her seventh grade teacher ordered from Chinese Inn Restaurant for a Dec. 17, 2010, class party, according to a suit filed in Cook County Circuit Court.

The suit claims the teacher told an employee of the Chinese Inn Restaurant the food was for a class party and students in the class had peanut allergies and the restaurant agreed to provide food that was free of peanut oils, peanut derivatives and peanut flavorings.

Carlson, 13, of the 6100 block of N. Karlov Ave., was pronounced dead at 5:40 p.m. Dec. 17, 2010, at Children’s Memorial Hospital, according to the Cook County Medical Examiner’s office. An autopsy determined she died from anaphylaxis (severe allergic reaction) to food allergy and her death was ruled an accident.

The suit claims Chinese Inn Restaurant, 7505 N. Milwaukee Ave. in Niles, provided food containing peanuts or peanut products, carelessly prepared the food and failed to warn the purchasers of food not capable of being prepared free from peanut products.

via WLS 890AM.

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If you or a loved one has been a victim of personal injury in Chicago or the surrounding area, contact or call us at 312-252-5252 for a free no obligation consultation to discuss your legal options.

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