Tennessee Food-borne Illnesses and Liability Issues
If the recent outbreak of Salmonella in Tennessee caused by ingestion of contaminated peanut butter didn’t alarm you, the sheer numbers of people who suffer from food-borne illnesses each year just might. According to the Center for Disease Control (CDC), 76 million people suffer a preventable food-borne illness each year that results in diarrhea, abdominal pain, and nausea; this includes many residents who suffer personal injury in Tennessee.
Tragically, the CDC reports across-the-board failure to prevent food-borne pathogens. In Tennessee alone, in 2006, there were 446 cases of Campylobacter, 16 cases of Listeria, 853 cases of Salmonella, and 363 cases of Shigella. And these are just the reported cases!
What causes this failure to prevent food-borne illnesses? One likely possibility is that negligent food manufacturers and food servers (e.g., restaurants and caterers) have operated too long without accountability to consumers. Negligent food manufacturers in Tennessee and servers are liable in tort for damages caused by tainted food. Damages include medical expenses, time-off from work, and loss of enjoyment of life. If negligent food manufacturers and food servers were made more accountable for these damages, then they would have a greater incentive to prevent further food contamination.
In the State of Tennessee, manufacturers and food servers have a duty to ensure that food is free from contamination. This includes reasonable care in the selection, preparation, and service of food. If this duty is breached, they are liable but only if there is sufficient evidence that the contaminated food caused the injury.
Merely because food is fully consumed or discarded does not relieve the defendant from liability. Unsanitary practices and testimony regarding the taste and smell of the food can create a reasonable inference that the consumed food caused the illness.
Similarly, in suits against the food manufacturer, the manufacture may be liable if the plaintiff shows that the food was contaminated and the container holding the food had not been opened prior to purchase.
If you have suffered from a food-borne illness, don’t let the culprit operate with impunity, call the experienced Tennessee personal injury lawyers at Baker and Associates for a free consultation by calling 866-853-2888.
