In "An Introduction to Product Liability Law," I explain that when a person is injured by a defective product that is unreasonably dangerous or unsafe, the injured person may have a claim or cause of action against the company that designed, manufactured, sold, distributed, leased, or furnished the product. In other words, the company may be liable to the person...
In "How to document a food poisoning case," an article printed in the November, 2004 issue of Trial Magazine, Dave Babcock and I explain: As a general rule, food poisoning cases are products liability cases.2 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...
"Separating the Chaff from the Wheat: How to determine the strength of a foodborne illness claim," is a paper presented at the May 2005 Defense Research Institute meeting on food liability. In it, Dave Babcock and I use case studies to provide examples for how legitimate foodborne illness claims can be distinguished from illegitimate, or "bogus" claims. We provide information...
Drew Falkenstein and I co-authored "Tracing Mad Cow Makes Litigation Unlikely," an article on litigation resulting from bovine spongiform encephalopathy (mad cow) contamination for the March 2006 edition of the King County Bar Association's Bar Bulletin. Here we address the question of whether Mad Cow litigation is imminent. "It is difficult, at least in part due to the lengthy incubation...
"Contaminated Fresh Produce and Product Liability: A Law-in-Action Perspective," appears in Microbial Safety of Fresh Produce: Challenges, Perspectives, and Strategies, an IFT Press publication to be released in 2009. According to the publisher, "[the book] covers all aspects of produce safety including pathogen ecology, agro-management, pre-harvest and post-harvest interventions, and adverse economic impacts of outbreaks. The book examines the current...
"Class Action Foodborne-Illness Claims" focuses on the elements of a class action lawsuit, certification of a class, and gives reasoning to the decision behind bringing individual lawsuits on behalf of victims of foodborne illness: Because individuals injured in a foodborne illness outbreak sustain varying degrees of injuries, a class action lawsuit typically is not the most effective - or fair...
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