Contaminated Food Products
As a general rule, food poisoning cases are products liability cases.
In other words, they are brought forward under the doctrine of strict liability. Since it does not require great legal argument to establish that a sandwich contaminated with Salmonella or some other pathogen is “defective” under statutory or common law definitions, the battle is fought in proving that the food your client consumed was in fact contaminated, and therefore the source of the client’s injuries.
In litigating the food poisoning case, it is likely that the defendant, its insurer, and their counsel will initially expect the production of “smoking gun” evidence, i.e. leftovers of the product at issue that test positive for the contaminating pathogen in question.
Do I Have a Viable Contaminated Food Case?
Any potential case involving contaminated food requires a detailed understanding of the facts, the processes, and the law. If a foodborne illness has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.
Please call us for a free consultation and we will be happy to discuss any potential case with you.