Joan's Product Liability Claim
Joan bought a popular chocolate bar from a supermarket in Waterford on a Tuesday afternoon. She had recently become aware of a tree nut allergy after some testing and was being careful about what she ate. The packaging clearly listed the main ingredients, but tree nuts were not mentioned anywhere on the label. She felt confident it was safe and enjoyed the chocolate without any concerns.
Within twenty minutes of finishing the bar, Joan began to feel unwell. Her throat tightened, her skin broke out in hives, and she struggled to catch her breath. Her partner called an ambulance, and she was rushed to hospital with a severe allergic reaction. The medical team treated her in the emergency department, and she spent the night under observation. It turned out the chocolate bar had been manufactured in a facility that processes tree nuts, but this critical information was nowhere on the packaging or ingredient list.
Joan recovered physically, but the incident left her shaken and with medical bills to cover. She contacted a solicitor who reviewed the case and the product labelling. Under Irish and EU consumer protection law, manufacturers must clearly disclose allergen information, even if it involves cross-contamination risks during production. The chocolate bar's failure to warn of tree nuts—whether as an ingredient or a facility hazard—was a clear breach of this duty. Her solicitor pursued a product liability claim against the manufacturer. The company acknowledged the labelling failure and agreed to settle the claim, covering Joan's medical costs and compensation for the distress and harm she suffered.
What the Law Says
In Ireland and across the EU, manufacturers have a strict legal duty to inform consumers about allergens in food products. The Consumer Safety Act and food labelling regulations require that any substance which may cause an allergic reaction must be clearly declared on the label, including risks from cross-contamination during manufacture. When a product causes injury because this information is missing or inadequate, the injured person can claim damages from the manufacturer for breach of duty and negligence. The manufacturer is liable even if they did not intend harm—the failure to warn itself is the breach.
⏰ Important: Time Limits
You have three years from the date of injury to start a personal injury claim in Ireland. This deadline is strict and is set by the Statute of Limitations. If you have suffered a severe allergic reaction or other injury due to a defective food product or undisclosed allergen, contact a solicitor without delay. The sooner you act, the fresher your evidence and medical records will be, and the better your legal position. Do not wait—if three years pass, your right to claim is lost.