Articles Posted in Food Contamination

As Chipotle locations are reopening after multiple, multi-state foodborne illness outbreaks, consumers are becoming more concerned about whether their food is safe. According to the law, a business can be held liable for failing to use reasonable care when preparing, storing, or selling food.

Under a negligence approach, the plaintiff must show that the restaurant failed to meet its duty to provide a safe environment, to make meals and food items that are safe to consume, and to identify and prevent unreasonable dangers that affect consumer health and safety. The plaintiff must also prove that the defendant’s failure to meet these duties was the direct cause of his or her harm.

Some states also impose a strict liability standard against restaurants and food sellers. Under strict liability, the plaintiff does not have to demonstrate that the defendant failed to use reasonable care. Instead, the plaintiff must show that he or she consumed food served by the establishment or purchased at the store that was unreasonably dangerous. States also allow plaintiffs to bring a variety of breach of warranty claims against potentially liable food producers and sellers.

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A number of recent food recalls have recently made headlines, putting consumers across the country at risk of suffering serious injuries or contracting a foodborne illness. First, popular pre-washed salad and leafy green provider Fresh Express has recalled 350 cases of its baby spinach products after almond pieces were located in the production supply. Although the almond would not pose any harm to many consumers, it creates a serious threat for those who suffer from an allergy to tree nuts, who can experience life-threatening symptoms or even death if they consume tree nuts.

Currently, Fresh Express has indicated that it is working with its distributors to remove packages of potentially contaminated products, which bear the product code G010A17A, and packages distributed throughout the Eastern and Southeastern states pose the greatest risk to consumers. It has also indicated that it is launching an internal investigation to determine how the piece of almond wound up in the production chain.

Heritage International (USA) has initiated a voluntary recall concerning its Raw Cashew Pieces product, stating that certain products may contain Salmonella. Covering only one lot of production, the packages contain 16 ounces of nuts in a clear plastic bag and are labeled with a barcode including the number 00505154 and a statement reading “BEST BEFORE 07.17.2016TF4.” The company sells this product at Trader Joe’s grocery stores, a national retailer focusing on the natural foods segment.

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Contracting a foodborne illness is an absolute nightmare, and it can often lead to debilitating illnesses and even hospitalization. Since there are so many individuals involved in the food preparation chain, a wide variety of persons or businesses may be liable for your injuries. To make things even more complicated, each potential defendant may be liable under a different theory of recovery, including product liability, negligence, or strict liability.

To recover damages in a food contamination case, the plaintiff must typically prove that the defendant grew or sold the contaminated food, that the plaintiff consumed the food and suffered an illness, and that the defendant caused the contamination or failed to exercise reasonable care in preventing the contamination.

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Recently, we discussed the string of food illness outbreaks that have affected a number of U.S. restaurants, including Chipotle. This week, the first lawsuit has been filed against Chipotle alleging severe injuries as a result of consuming contaminated food from the restaurant associated with one of the recent outbreaks.

The plaintiff filed the lawsuit on behalf of her son, who had to be hospitalized after exhibiting severe symptoms. The child’s treating physicians determined that he was fighting a Norovirus infection and that the infection came from a Chipotle burrito in Brighton, Massachusetts. The child ate the burrito on December 4 and started to exhibit symptoms a few days later on December 6, including extreme vomiting, nausea, and diarrhea.

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