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Hotel responsibilities regarding allergies and food services

On Behalf of | Jan 7, 2025 | BUSINESS & COMMERCIAL LAW - Business & Commercial Law

For some, even a small amount of an allergen can cause a severe reaction. Many Florida residents and visitors trust hotel restaurants to provide clear and accurate information about the food they serve. Unfortunately, mistakes in labeling or communication can happen, leading to dangerous situations. If someone gets sick or injured after eating at a hotel restaurant, questions arise about the hotel’s responsibility.

Labeling requirements and the risk of harm

In Florida, all food establishments must follow state and federal safety standards. Restaurants, including those in hotels, must list major allergens like nuts, shellfish, soy, and dairy on menus or ingredient labels. If a menu does not provide this information, staff must be ready to explain the ingredients to customers.

Improper or inadequate food labeling can lead to severe allergic reactions. Effects can range from mild symptoms like hives to life-threatening ones like anaphylaxis. The restaurant’s responsibility includes ensuring the staff has the training to handle allergen-related requests and to prevent cross-contamination in the kitchen.

What to know about liability

Hotels that fail to provide accurate allergen information might be responsible for injuries caused by their negligence. For example, suppose a server incorrectly assures a guest that a dish is safe, and the guest suffers an allergic reaction. The hotel could be liable in such a case. Similarly, cross-contamination in the kitchen might lead to accountability if the hotel did not take reasonable steps to prevent it.

To establish responsibility, injured guests usually need to show that the hotel did not meet its duty to provide safe food. This might include proving that the hotel ignored known risks or failed to warn about allergens in its food. Documentation, such as receipts, medical records, and witness statements, can help show what happened.

Hotels have a responsibility to protect their guests from avoidable harm. Proper labeling and communication are key obligations in preventing illness from food allergens. Understanding these rules and requirements helps hotel patrons stay informed when deciding how to address incidents involving food-related injuries.