Severe food allergies are more than just an inconvenience — they can be life-threatening as a Fayetteville, NC school injury lawyer knows all too well. In a school setting, where children rely on adults to look out for their health and safety, even one mistake involving a food allergen can result in serious harm. Whether it’s accidental exposure in the lunchroom or a failure to respond properly to an allergic reaction, these incidents can raise serious legal questions.
At Macrae & Whitley, LLP, we’ve seen how preventable many of these situations are. We’ve practiced law for over 100 years, and we’ve worked with families who never expected a school to mishandle a known allergy but found themselves dealing with the consequences of just that.
Known Allergies Must Be Taken Seriously
Schools are responsible for creating safe environments. That includes taking known food allergies seriously. When a parent submits a doctor’s note, 504 Plan, or Individualized Education Program (IEP) related to an allergy, the school is expected to follow the plan closely. If a child is exposed to an allergen despite this documentation — because of a mislabeled lunch, cross-contamination, or a failure to monitor food-sharing among students — the school may be held responsible.
Sometimes the issue isn’t the exposure itself, but the lack of a response. If a staff member delays using an EpiPen or calling emergency services, that delay can be just as harmful as the exposure. In some cases, staff may not even know where a student’s medication is stored, or whether they’re allowed to administer it. These are not minor oversights — they’re lapses that can lead to significant injury or worse.
Legal Responsibility And School Accountability
When a child with a documented allergy is injured at school, one of the first questions we ask is whether the school followed its own procedures. Did teachers know about the allergy? Was a care plan in place and followed? Was there training for staff on how to respond to an allergic reaction?
If the answer to any of these questions is no, the school may have failed in its duty to protect the student. Public schools, private schools, and even charter schools can all be held accountable for these kinds of failures.
What Parents Can Do After An Incident
Before an accident, information needs to be supplied to the school that includes a list of your child’s allergies, the steps to take if they have a reaction, and required medication to treat a reaction. Hopefully, this should protect your child from a severe problem, but unfortunately even the most well-constructed plan may not be followed by school staff. If your child does experience a severe allergic reaction at school, it’s important to document what happened. Medical records, emails to school staff, copies of care plans, and witness accounts can all help paint a full picture of the situation. This documentation can be critical in showing whether the school had notice of the allergy and whether its actions were appropriate.
You don’t have to figure out your next steps alone. A lawyer can help you understand your legal options and whether your child’s injury could have been prevented by reasonable care.
We’re Here To Help Families Protect Their Rights
At Macrae & Whitley, LLP, we help families throughout Fayetteville, Cumberland County, and across North Carolina. When schools fall short of their responsibilities and a child is injured as a result, we work to hold them accountable. If your child has been harmed due to a school’s failure to follow an allergy care plan, contact us today to discuss your case.