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 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.
Accomplished personal injury lawyer, Food Safety News founder and publisher, and internationally recognized food safety expert. Bill's advocacy work has led to testimony before Congress and his blog reaches 1M+ readers annually.
About Marler Clark, Inc., PS
Marler Clark is the nation’s most prominent law firm representing victims of foodborne illnesses. For over nearly 33 years, we have advocated for food
About Marler Clark, Inc., PS
Marler Clark is the nation’s most prominent law firm representing victims of foodborne illnesses. For nearly 33 years, we have advocated for food safety
Welcome back to my series on food safety and litigation. Earlier this year, I addressed some of the most frequently asked food safety questions online, covering topics like incubation periods
The owner of a restaurant in France linked to a botulism outbreak is facing charges in relation to the incident.
In September 2023, during the Rugby World Cup, foodborne botulism
About Marler Clark, Inc., PS
Marler Clark is the nation’s most prominent law firm representing victims of foodborne illnesses. For over nearly 33 years, we have advocated for food
Despite the Listeria outbreak beginning months ago and multiple recalls happening the number of ill and death linked to the outbreak has been growing. Please check your freezers. “When it
A new study estimates that nearly one in five urinary tract infections in Southern California may be caused by E. coli strains transmitted through contaminated meat – and pose a hidden
