Food Allergies - A Serious Business Risk for Restaurants

Food Allergies - A Serious Business Risk for Restaurants

On December 17, 2010, seventh grader Katelyn Carlson was rushed from her Chicago school for gifted students to a hospital. The 13 year old girl had a severe allergic reaction to the Chinese food she ate while at school. The girl was pronounced dead at 5:40 PM on December 17th. An autopsy determined she had died from the food allergy. This was a tragedy that could have been avoided.

The family of the student is now suing the Chinese restaurant that supplied the food for over $100,000.  The lawsuit claims that the teacher told an employee of the Chinese Inn Restaurant, at 7505 N. Milwaukee Ave. in Niles, that the food was for a class party and students in the class had peanut allergies and the restaurant agreed to provide food what was prepared without peanut oil, peanut products, and peanut flavoring. The food was later tested and it is likely that the food was cooked in peanut oil, despite the teacher's instructions.


Restaurants must take these kinds of risks very seriously. First, they should properly train their staff on how to deal with people with food allergies. If customers indicate they have a food allergy, the waiters and order takers should be wary. In this case, the person taking the order may not have understood English and what could happen if the food was prepared carelessly. Restaurants should seriously consider recommending that customers with certain food allergies dine elsewhere.  They should also be wary of taking orders for school functions. In Chinese restaurants, it is almost impossible to ensure that the food is prepared in a peanut free environment. What if there is some peanut oil residue on the wok? What if a secret ingredient in the sauce contains some nut flavoring or oil? What if the kitchen utensil touched peanut oil and was not properly cleaned?

Second, restaurants should carry liability insurance. Most major insurance companies offer restaurant insurance. In this case, if the Chinese Inn Restaurant does not have insurance, the lawsuit may cause the restaurant to close down. If the restaurant was operated as a sole proprietorship, the owner may be personally liable. Food allergies are on the rise and proper training and insurance will help reduce the business risk for restaurant owners.

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My Law, LLC
Immigration & Tax Law Firm
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