Understanding And Defending Foodborne Illness Litigation

• Published date: 05 June 2020
• Author: Mr John A. Rine and Lindsay E. DeCarlo
• Subject Matter: Consumer Protection, Litigation, Mediation & Arbitration, Food, Drugs, Healthcare, Life Sciences, Product Liability & Safety, Trials & Appeals & Compensation, Food and Drugs Law
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP

Tampa, Fla. (June 1, 2020) - Recent highly publicized outbreaks of foodborne illness have lead to an upsurge in foodborne illness lawsuits through the United States. The Foodborne Disease Active Surveillance Network of the CDC estimates that foodborne diseases cause approximately 76 million illnesses, 325,000 hospitalizations, and 5,000 deaths in the United States each year. Foodborne illnesses account for approximately 1% of all hospitalizations and one out of every 500 deaths in the United States. These statistics have created a renewed trend in plaintiff litigation to attempt to recover damages in cases ranging from large-scale contaminations to single instances of a claimant suffering from food poisoning.

High-profile outbreaks of foodborne illnesses most commonly involve salmonella and other pathogens such as E. coli and Listeria. Foodborne illness is defined as an infection or irritation of the gastrointestinal (GI) tract caused by food or beverages that contain harmful bacteria, parasites, viruses, or chemicals. Food contamination resulting from microbial pathogens in the form of bacteria, parasites, fungi, and other biotoxins can occur at any step from farm to form, and the origin is often difficult to identify. More than 250 pathogens, including bacteria, viruses, fungi, and biotoxins are known to cause food borne illnesses. Currently, there are 31 pathogens know to cause foodborne illness that are actively tracked by public health systems.

Foodborne illnesses typically result in unpleasant GI symptoms that resolve without medical intervention. However, more serious cases can result in complications including organ failure and untimely death. Despite the severity of injury, the litigation that is often initiated after a food borne illness is rarely inexpensive, and even minor cases can result in exposure and litigation costs.

Elements of a Foodborne Illness Claim

Foodborne illness litigation generally involves breach of warranty or implied warranty, negligence, and/or strict products liability claims.

Negligence

Under general negligence principles, a business has a duty to exercise reasonable care. In the restaurant context, "reasonable care" means that the restaurant has a duty to maintain a safe environment, produce safe products (i.e. meals), and eliminate unreasonable dangers. For a manufacturer, the implied duty is to sell vendors food products that are safe for human consumption and are properly labeled to reflect any specific instructions...