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Tragedy at Holiday Event: Exploring Legal Liability in Allergic Reaction Cases

Posted in On December 9, 2024

The recent tragic death of Dominique Brown, a 34-year-old Disney theme park influencer,

highlights a critical issue in event planning and food safety. Brown suffered a fatal allergic

reaction while attending a holiday food event hosted by BoxLunch, a pop culture merchandise

retailer, in Los Angeles. This heartbreaking incident has left many wondering: Could the venue

or event organizers be legally liable for her death?

Allergies and Duty of Care

When hosting a public or private event, venues and organizers owe a duty of care to attendees.

This includes ensuring the safety of food and beverages offered. Allergic reactions, especially

severe ones, are well-documented risks, and organizers are expected to take reasonable

measures to mitigate them.

  • Key responsibilities include:
  • 1. Clear Labeling: Foods served at events must be clearly labeled with their ingredients,
  • especially when common allergens (such as nuts, dairy, shellfish, or gluten) are present.
  • 2. Communication: Attendees should be informed about potential allergens in a clear and
  • accessible way, either through printed materials or verbal notices from staff.
  • 3. Training: Event staff should be trained to handle allergy-related emergencies, including
  • knowing how to administer first aid and call for medical assistance promptly.
  • Failure in any of these areas could potentially constitute negligence, opening the door for a
  • wrongful death claim.

Wrongful Death and Negligence

A wrongful death claim arises when a person dies due to the negligence or intentional actions of

another party. In this case, the family of Dominique Brown may have grounds to pursue such a

claim if evidence shows that the venue or event organizers failed to meet their duty of care.

For example:

• Failure to Warn: If the food item that triggered the allergic reaction was not labeled with its

ingredients or common allergens, this could be deemed a breach of the venue’s duty to provide

safe conditions.

• Lack of Emergency Preparedness: If the staff was not adequately trained to handle an allergic

reaction or delayed calling emergency services, this could also be considered negligence.

Defending Against a Claim

In their defense, the venue or organizers might argue that they took all reasonable precautions

to prevent such incidents, such as providing labeled menus, allergy warnings, or verbal notices.

They could also point out that attendees have a personal responsibility to disclose their allergies

or avoid high-risk foods.However, under California law, venues and event organizers are held to a high standard

regarding public safety. If it can be shown that more could have reasonably been done to

prevent the incident, liability may still be attached.

What This Case Could Mean

If a wrongful death claim is pursued and negligence is found, it could set an important precedent

for event liability in cases of food allergies. This tragic incident serves as a sobering reminder of

the importance of transparency, preparation, and caution in food-related events.

Final Thoughts

For those with severe allergies, attending public events can feel like navigating a minefield.

While personal responsibility is crucial, so too is the accountability of event organizers and

venues. Dominique Brown’s death is a heartbreaking reminder that lives are at stake and that

every measure must be taken to protect those with food sensitivities.

If you or someone you know has suffered harm or loss due to negligence at a public event, such

as inadequate labeling of allergens or insufficient safety measures, you may have legal options.

At Wunderli Injury Law, we are committed to helping victims and their families seek justice and

hold negligent parties accountable. Contact us today for a consultation to discuss your case and

explore your legal rights.