Food Poisoning Lawsuits and the Defense
An interesting article written by David Ernst, an attorney who defends restaurants and the hospitality industry in food poisoning lawsuits, discusses the risks to businesses if their food is linked to a foodborne outbreak. According to Ernst:
One obvious threat that a foodborne illness outbreak poses to the restaurant and hospitality industry is the threat of litigation. In large outbreaks, it is our experience that lawsuits are often filed immediately. Plaintiff's attorneys are armed with several causes of action in which to allege claims against restaurant and hospitality industry defendants after an outbreak occurs. Commonly alleged claims include negligence, breach of warranty and strict product liability. Also, there have been increasing efforts by plaintiff's counsel to seek class-action status for victims of large outbreaks who may not have had severe illnesses.
Although the majority of foodborne illness claims settle before trial, one government study revealed that a jury is more likely to hold a restaurant and hospitality business liable -- and liable for a greater amount -- if a specific pathogen or illness is alleged at trial.Because of the advances in technology, it is now easier to link a specific pathogen to a foodborne outbreak. To make this link, however, those sickened need to see a doctor for a diagnosis and/or provide a stool sample to a county health investigator. We spoke with health officials from Barry County at the beginning of the current foodborne outbreak in Monett, Missouri. According to the county, some of the possible victims of the foodborne outbreak were not providing the public health investigator with stool samples. It is important to cooperate with county, state, and federal investigators during foodborne outbreaks because they determine the source of the outbreak and which pathogen is involved. It is also important for victims of a foodborn outbreak to establish themselves as a confirmed case in the outbreak. Mr. Ernst's article underscores the importance of this.
Mr. Ernst's article also is a good reminder that, during a foodborne outbreak, the restaurant, other food establishment, or food processor has attorneys and other professionals working for them to minimize their legal liabilities. It takes a seasoned food poisoning attorney to adequately fight for a victim's rights.
Ernst, David A., "When customers become ill, its time for legal protections," The Portland Business Journal (June 12, 2006), http://portland.bizjournals.com/portland/stories/2006/06/12/focus5.html