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
I have spent more than 30 years representing people sickened by contaminated food. I do not often read a speech by an FDA official and find myself agreeing with nearly every line. This week I did.
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.
