What are my rights if I had an allergic reaction to a energy drink that has no warning label?

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What are my rights if I had an allergic reaction to a energy drink that has no warning label?

I drank an energy drink and had an allergic reaction to it on the way into work. It has no warning label anywhere on the packaging. I was luckily right next to a hospital when I started getting symptoms so I pulled in and ran into the ER. I tried to call the 800 number that is on the bottle but I cannot contact any one that way; I just get a busy signal. I went to the company website and there is nothing on there either. Can I go after the company for the cost of my emergency room bill and the lost time I had to take at work?

Asked on November 14, 2011 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What was your allergic reaction to? If it was to one of the ingredients, but the ingredients are listed on the package (even if there is no large size warning label), you would have no cause of action: they provided you, in that instance, with the information you would need to protect yourself. If, on the other hand, you had a strong allerrgic reaction to some ingredient not listed on the packaging, you might have a cause of action and may wish to consult with a personal injury attorney to explore it. Good luck.


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