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Publisher’s Platform: Another Preventable Petting Zoo E. Coli Outbreak

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The 2015 Oxford County Fair that was held in mid-September will be remembered for the death of one child and the severe illness to another due to infections with E. coli O111. The common exposure to the two children was the same petting zoo.  The investigation is ongoing, but what has appeared thus far indicates a venue that followed few of the warnings and recommendations from decades of prior outbreaks that had sickened thousands. As more information comes out over the next week on what the Fair did and did not do to prevent these families’ tragedies, the fair should be judged from health official recommended since 2001.  “Reducing the Risk for Transmission of Enteric Pathogens at Petting Zoos, Open Farms, Animal Exhibits, and Other Venues Where the Public Has Contact With Farm Animals” – 2001 CDC Recommendations:

“Compendium of Measures to Prevent Disease Associated with Animals in Public Settings, 2013” – National Association of State Public Health Veterinarians Animal Contact Compendium Committee 2013:  Venue operators should take the following steps:

Venue staff members should take the following steps:

Recommendations for nonanimal areas are as follows:

Recommendations for animal areas are as follows:

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A view from the Courtroom:  Under premises liability law, the entity or entities responsible for managing an animal exhibition have a duty of care to those it invites onto the premises. This duty includes the responsibility to adequately reduce risks the entity is or should be aware of. The duty also carries a responsibility to warn fairgoers of risks present at the exhibition.  The principles of negligence also revolve around the risks to fairgoers that animal exhibitors know of or reasonably should know of. To successfully bring a negligence claim, a sickened person would need to show that the actions of an animal exhibitor fell below a reasonable standard of care in the operation of the exhibit. Failing to implement the well-established recommendations of the CDC and NASPHV constitutes falling below that standard of care.  Both bases for liability on the part of animal exhibitors-premises liability and negligence-carry with them a burden of education on the part of the exhibitor. Because the law holds people to a standard of what they reasonably should know, ignorance of the risks involved is not an effective defense. The law thus provides no impetus to stray from the course of action that is best for both customers and exhibitors in the first place-recognizing the risk and taking steps to reduce it.  (To sign up for a free subscription to Food Safety News, click here.)

Bill Marler

Bill Marler

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.

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