Product Liability Lawyer Melbourne FL

Serious Illnesses Caused by Contaminated Foods

Enjoying dinner out with family and friends at a Florida restaurant is an occasion many look forward to. Hot, freshly prepared meals are what everyone expects, but that is not always the case. The Centers for Disease Control (CDC) reports that patrons face a high risk of foodborne illness such as E. coli and salmonella from tainted ingredients or infected food preparers. Those who have consumed contaminated food can suffer from severe stomach illness, listeria, acute kidney failure, paralysis, and even death. Many become so ill they need to be hospitalized.

If this has happened to someone important to you, contact from Law Offices of Arcadier, Biggie & Wood to speak with a product liability lawyer in Melbourne Florida who can help you to determine if you have a solid case to pursue.

Background

As a product liability lawyer in Melbourne FL is aware, outbreaks of illnesses from contaminated food is an increasingly common occurrence affecting hundreds of people around the country. It is a costly issue and continues to be a major public health concern. CDC statistics show that each year, one in six Americans get sick by consuming contaminated foods or beverages.

There is an alphabet soup of over 250 different foodborne diseases that have been identified including listeria, e-Coli, botulism, hepatitis A, and norovirus. They usually take the form of infections caused by a variety of bacteria, viruses, and parasites from a foodborne source. Other illnesses are caused by harmful toxins or chemicals that have contaminated the food.

These diseases cause a variety of symptoms, so there is no particular set of circumstances that make them easily identifiable as foodborne illness. However, because the “microbe” or “toxin” enters the body through the gastrointestinal tract and often causes the first symptoms in that area, nausea, vomiting, abdominal cramps, and diarrhea are typical precursors. Identifying that an outbreak is definitively attributed to foodborne disease is a difficult task for public health authorities. Establishing how a particular disease is spreading is crucial in order for them to take the appropriate steps to stop it.

The Culprits and Causes

Foods most associated with foodborne illness include:

•   Raw foods of animal origin are the most likely to be contaminated such as raw meat and poultry, raw eggs, unpasteurized milk, and raw shellfish,

•   Naturally occurring pathogens in seawater and norovirus from sewage being dumped in the water can contaminate filter-feeding shellfish,

•   Foods that combine animal products such as bulk raw milk, pooled raw eggs, or ground beef are hazardous because a pathogen present in any one of the animals may contaminate the entire batch.  As is most commonly the case with meat, a pound of ground beef may contain meat from hundreds of animals,

•  Raw fruits and vegetables prepared in unsanitary conditions or washed in dirty water have caused outbreaks. Produce fertilized in manure, irrigated with water containing manure or human sewage and unpasteurized fruit juice can also be contaminated if there are pathogens in or on the fruit that is used to make it.

Unfortunately, as a personal injury lawyer Melbourne, FL victims trust can attest, there are many opportunities for food to become contaminated as it is handled and prepared. Foodborne illness such as hepatitis A and norovirus can be introduced from infected humans who handle the food or by cross-contamination from some other raw agricultural product when the same utensils or cutting boards are used between foods without being washed. Food that is fully cooked can become re-contaminated if it touches other raw foods that contain pathogens.

Warm moist conditions are the best breeding grounds for bacteria to multiply. This is why refrigeration and freezing are so important. Disturbingly, there are certain bacteria that can survive even in cold conditions. This is why is it critical for all food to be thoroughly cooked.

Prevention

Some basic rules to follow to prevent sickness are:

•   Checking “use by” dates on products at the grocery store

•   Cooking food thoroughly

•   Preventing cross-contamination between raw and cooked meats

•   Refrigerating leftovers

•  Cleaning produce before use

• Reporting suspect foods and patronizing restaurants to the board of health  

Negligence

In a Florida products liability case based on the theory of negligence, the ordinary principles of negligence apply where a negligently manufactured product causes personal injury. Plaintiffs must establish 1) a Duty existed between the Defendant and the Plaintiff, and 2) Defendants Breached that duty, resulting in the 3) Actual/Legal Cause and 4) Proximate Cause of 5) the Plaintiff’s Damages. Although it is no longer the case in Florida, Plaintiff’s would often have a difficult time bringing a products liability claim based on negligence due to the essential element of Privity. (A direct contractual relationship between the parties exists.) Today, Florida Courts only require that an injured party show that the Defendant’s negligence was the proximate cause of the Plaintiff’s injuries.

Warranty in Florida

A Florida product liability claim alleging a breach of warranty is rooted in the law of contracts. An injured party may bring a claim under two theories; Breach of an Express Warranty or, Breach of an Implied Warranty. Where a claimant brings suit for a breach of an express warranty, they must establish that the product does not live up to a representation which the seller had made to the buyer when they bought the item and the buyer relied on what the seller had told them when they bought and used the product. An express warranty may arise in two different situations: 1) where the goods are advertised to have certain qualities or characteristics and, 2) where there is labeling which make statements about the product. An example of a breach of an express warranty would be where the seller advertises a vacuum which ‘never loses its suction’; however, within 3 months the buyers vacuum will not pick up any dirt because the vacuum has lost all suction.

There are two different types of Implied Warranties: Warranty of Merchantability and Fitness for a Particular Purpose. Florida’s version of the UCC states “a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.” Simply put, if you buy a car from a car dealer, it is implied that the car is fit to drive; its ordinary purpose. It is important to note that this will only cover goods purchased from a merchant who deals in goods of that kind. In the car example, a car dealer is clearly a merchant to regularly deals with goods of that kind. Secondly, there is the implied warranty that a good is fit for a particular purpose. In this situation, the seller must knew that the buyer wants a good for a particular purpose, not simply the customary purpose, and the buyer relies on the sellers judgment when they recommended a particular product. For example, a young athlete goes into a pro shop and tells the seller that he is looking to get outfitted to start playing ice hockey. None-the-wiser, and relying on the seller’s advice, the buyer walks out of the store with a brand new pair of white figure skates. If the buyer were to be injured because the figure skater lacked the proper support or protection from a hockey puck, the buyer may have a claim against the seller for a breach of an implied warranty of fitness for a particular purpose.

Strict Liability in Florida

As opposed to a claim brought under the theory of negligence, claims for strict liability hold the manufacturer/retailer liable for injuries caused by defective products which they placed into the stream of commerce, even where the Defendant exercised the utmost of care. A plaintiff must establish their claim by showing one of three defects: 1) a manufacturing defect; 2) a design defect; or 3) a warning defect.

A Manufacturing Defect refers to defects which are not common among all of the products which the manufacturer produces, but rather is specific to the product which caused Plaintiffs injuries. For example, Big Car Manufacturer produces 300 identical cars per day, 5 days a week. The cars are designed identically and are typically very safe cars to drive. Plaintiff buys a car from a dealer but while driving home Plaintiff’s brakes fail and they are involved in an accident. The investigation uncovered that a piece of metal was not properly stamped during the manufacturing stages which caused the break lines to rub against metal and wear. This defect is unique to Plaintiff’s car, thus making it a manufacturing defect.

Compare the manufacturing defects above with a Design Defect. A Design Defect is similar among all of the products which the manufacturer placed into the market. That is, all of manufacturer’s products have a defective and unreasonably dangerous feature. For example, Big Car Manufacturer produces a line of compact cars which were designed without reinforcement between the rear bumper and the fuel tank. This design was unreasonably dangerous and lead to the car catching on fire after minor rear-end accidents. This defect was common among all of the compact cars, thus making it a design defect.

Lastly, Plaintiff may show a Failure-To-Warn. In a failure to warn claim, the plaintiff must show that the manufacturer neglected to provide an adequate warning of the dangers of using the product which may not be readily apparent to the user.

The law is complex and this article is intended to give you only general guidance. It is critical that you consult with experienced attorneys in your jurisdiction in order to best serve your legal interests. Arcadier, Biggie & Wood, PLLC has experienced attorneys ready to review your case. We are located in Melbourne, Florida in Brevard County, but we take cases throughout the State of Florida and many other States such as New York, New Jersey, and California.

Let a Melbourne FL Product Liability Lawyer Help

If you have found yourself in a situation where you have become sick due to tainted food, seek medical attention immediately. You should also contact Law Offices of Arcadier, Biggie & Wood to have a product liability lawyer Melbourne FL clients recommend evaluate your case to see if you have grounds to pursue damages against the establishment where the contaminated food came from.