Allergic reaction to airline food

[Angel_325]

Hello,

On my recent flight on Qantas, I experienced a rather unpleasant and somewhat severe, though not life-threatening reaction to some food I was served. I am allergic to spices and the airline had this in their notes. They confirm that it is in their notes and I have it in the email as well. What happened was they served me bread along with my fruit platter that had a spice in it. Upon consuming the bread, I felt very sick and had chocking sensations and overall felt very ill. The bread had some kind of a spice in it. It was not plain bread. The flight attendant witnessed me feeling very ill. I did not need medical attention as my allergy is something that is temporary and usually goes away in a couple of hours. It is not life threatening, but is still pretty severe as you can imagine when someone feels like they are chocking.

I contacted the airline about this issue and the stupid response I received is that my profile did not say I was allergic to bread, so they did not do anything wrong. Since they are refusing to take responsibility, do I have a legal case? The reaction was not life threatening, but nevertheless, I was very ill and I already have other issues when I fly so this made the flight horrible for me. I have medical evidence that do in-fact have this allergy and the flight attendant should have made a report as required by law.

Thanks

 

[Zigner]

Sorry, this forum is for US law matters only.

 

[adjusterjack]

do I have a legal case?

This answer is for the US but is probably good for anywhere else in the civilized world.

No, you have no case.

The only obligation the airline crew had (if it even had that) was not to PUT that spice ON your food. They would have no way of knowing what is IN any of the thousands of pre-packaged foods that the airline buys in bulk.

No negligence, no case.

Further, a few hours of discomfort that clears up with no medical treatment = $000 anyway.

The airline is right to deny your claim.

Whatever other issues you have with flying are irrelevant.

 

[Taxing Matters]

This answer is for the US but is probably good for anywhere else in the civilized world.

I'd not make that assumption. Some countries have vastly different laws than the U.S. does, and assuming that what the U.S. does is universal would be folly.

The only obligation the airline crew had (if it even had that) was not to PUT that spice ON your food. They would have no way of knowing what is IN any of the thousands of pre-packaged foods that the airline buys in bulk.

Even in the U.S. that depends on the law of the applicable state, and not every state has the same case law on negligence. Whether a jury would find that the airline did have a responsibility to figure out what spices were in that food is very much an open question in my mind. After all, it's not just the crew of that flight involved here. The OP had provided the information on what allergies he/she had to the airline prior to the flight. Someone in food services who does know what's in that stuff perhaps could have flagged the issue for the crew. There may well have been negligence on the part of the airline.

Further, a few hours of discomfort that clears up with no medical treatment = $000 anyway.

This is the part that, in the U.S., is the real problem. Even if the airline was negligent, the discomfort/distress might be worth something, but it would likely be so small that it would not be worth the cost to litigate it.

 

[Zigner]

In 2009, the OP was in California.
The next question that needs to be answered is the flight's origin and destination.

 

[quincy]

In 2009, the OP was in California.
The next question that needs to be answered is the flight's origin and destination.

I am guessing Australia because the flight was on Qantas.

With food allergies, it is often left to the one with the allergy to monitor on their own what they eat. If Angel_325 asked the flight attendant about the ingredients in the bread before consuming it and was assured by the flight attendant that the bread was spice-free, that would support a legal action far better than a notification "to the airlines" in advance of the flight.

That said, I agree that, with no harm, there is no case.

For future flights, Angel_325 should pack in her carry on some allergen-free foods to eat.

 

[Zigner]

I'll go so far as to say that (at least) one of the two was outside of the US.

 

[quincy]

I'll go so far as to say that (at least) one of the two was outside of the US.

I think that is a fair assumption.

 

[xylene]

I am allergic to spices and the airline had this in their notes.

Define "spices"

Your lack of specificity sinks your claim on that alone.

 

[quincy]

"The bread had some kind of spice in it. It was not plain bread."

Yup. That is not exactly the kind of stuff that makes for a successful lawsuit.

 

[adjusterjack]

With food allergies, it is often left to the one with the allergy to monitor on their own what they eat. If Angel_325 asked the flight attendant about the ingredients in the bread before consuming it

Agree. My friend has a gluten allergy. Everywhere we go he asks about gluten free foods.

 

[quincy]

Agree. My friend has a gluten allergy. Everywhere we go he asks about gluten free foods.

Those with severe allergies generally will carry an Epi-Pen. Epinephrine quickly improves the reactions to allergen exposure, including improving breathing problems caused by exposure.

April_325 might want to ask her doctor about the wisdom of carrying one.

 

[Mass_Shyster]

The only obligation the airline crew had (if it even had that) was not to PUT that spice ON your food. They would have no way of knowing what is IN any of the thousands of pre-packaged foods that the airline buys in bulk.

While I agree that OP likely has no case, I take issue with this statement. As I've written before, Products Liability was by far the scariest subject I took in law school. In essence, everyone in the chain of commerce is exposed to liability for defective products causing injury. Which is also why I don't advocate for a sole proprietor selling anything if it can be avoided with a corporation or LLC.

The facts here don't support a claim, but let's say the OP suffered a severe allergic reaction to peanuts in the bread, and the bread was improperly labelled "Contains No Peanuts". In that case, OP or OP's heirs would have a potential claim against the airline, the distributor, the baker, and anyone else who bought/sold the item in question along the line.

 

[PayrollHRGuy]

Also even if the OP notified the airline and everyone else. 'Spices' isn't specific enough.

 

[quincy]

Also even if the OP notified the airline and everyone else. 'Spices' isn't specific enough.

Interestingly, after a bit of reading I discovered that the FDA does not require that individual spices be listed on labels as ingredients in a food product. The product label need only say "spices" or "natural flavorings."

So, for example, if Angel_325 is allergic to sesame, Angel_325 would not necessarily be able to tell from the packaging that the product contained sesame. S/he might only know it had spices (or natural flavoring).

For that reason, Angel_325 telling the flight attendant she was allergic to "spices" could actually be enough.

Of course in a restaurant, where food is prepared and spices are added, Angel_325 would be able to order food without the specific spice that s/he is allergic to.

And some product labels will list the specific spices used in the product even if not required.