A restaurant may have liability (legal responsibility) for a customer’s allergic reaction to food the restaurant serves a customer—but only if the restaurant was negligent in some way, such as by serving a customer a food item or ingredient after the customer informed the restaurant of an allergy to that food item or ingredient.

Most restaurants seek to protect the health and safety of their customers by asking about food allergies during the food ordering process; disclosing key ingredients on the menu; and posting the warning to customers (as required by the U.S. Food and Drug Administration’s Food Code) that “consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness.”

Many states have also enacted laws (statutes) that require restaurants to provide warnings and disclosures to consumers. These statutes are often located in a state’s health and safety code or a similarly named code (a code is a compilation of related statutes).

Food allergies are common, with approximately one in ten adults having a food allergy. An allergic reaction occurs when a person is exposed to an allergen—often a food protein consumed while eating foods such as tree nuts, fish, peanuts (and peanut butter), shellfish, eggs, and cow’s milk.

Allergic reactions to these and other food items can range from mild irritations (swelling, itching) to potential deadly anaphylaxis with difficulty breathing, shock, vomiting, and nausea. These reactions are generally responses from a person’s immune system when it is attempting to protect the body and overreacts by producing antibodies (immunoglobulin).

In New Hampshire, a restaurant may be held liable for a customer's allergic reaction to food if the restaurant acted negligently, such as by serving a food item containing an allergen after being informed of the customer's allergy. New Hampshire restaurants typically take measures to prevent such incidents by inquiring about allergies, disclosing ingredients on menus, and adhering to the FDA's Food Code, which mandates warnings about the risks of consuming raw or undercooked foods. While specific New Hampshire statutes regarding allergy information disclosure in restaurants were not detailed, it is common for states to have health and safety codes that require such disclosures. If a restaurant fails to take reasonable care to avoid serving allergenic foods to customers who have declared their allergies, and this results in an allergic reaction, the restaurant could potentially face legal consequences for their negligence.