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
Both jobs are open now. Lawyers, send a writing sample and tell me which case or outbreak on marlerblog.com you would pick up first and what you would do with it. Paralegals, tell me about the hardest lien you ever cleared or the record you had to fight hardest to get.
Nearly all of the public argument about this bill has been about food chemicals: dyes, PFAS, the GRAS loophole. That is where the fight started, and it is where the coalition backing the bill would prefer the fight to stay.
