Food Poisoning and Other Foodborne Harm: Claims and Defenses
Identifying All Potential Defendants and Causes of Action
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide personal injury plaintiff and defense counsel with a detailed examination of the rapidly expanding area of foodborne illness litigation. Regardless of the source, reactions to and injuries caused by contaminated food vary; the CDC estimates 47.8 million foodborne illnesses each year, resulting in approximately 128,000 hospitalizations and 3,037 deaths.
- Foodborne illness: prevalence and outcomes
- Potential defendants
- Claim considerations
- Res ipsa loquitor
- Strict liability
- Application of product liability principles
- Warranty claims
- Consumer Protection Act claims
- Defense considerations
- Assumption of risk
- Changes to product
- Unintended use
- Evidence issues
- Expert testimony
This panel will review these and other essential matters:
- How can food illnesses be linked to specific food items?
- What fact issues consistently arise in foodborne illness cases?
- Who are the potentially responsible parties for foodborne illness harms?
- What claims and defenses relate to the different parties involved?
Mr. Clark has an extensive background in civil litigation, including personal injury, product liability and... | Read More
Mr. Clark has an extensive background in civil litigation, including personal injury, product liability and professional malpractice actions. He did defense work at the Seattle firm Karr Tuttle Campbell for nearly 15 years before he joined his present partners in a practice devoted to representing injured persons.Close
Ashley T. Davis
Allen & Allen
Ms. Davis plays an integral role in the large and complex cases at the trial court and appellate level by identifying,... | Read More
Ms. Davis plays an integral role in the large and complex cases at the trial court and appellate level by identifying, analyzing, and addressing legal issues that affect our clients’ claims.Close
Alan M. Maxwell
Weinberg Wheeler Hudgins Gunn & Dial
Mr. Maxwell leads the firm's nationally-recognized Foodborne Illness Practice Group and is recognized as a leading... | Read More
Mr. Maxwell leads the firm's nationally-recognized Foodborne Illness Practice Group and is recognized as a leading attorney in the foodborne illness defense area. He is routinely retained to assist clients in foodborne outbreaks, including defending personal injury claims, analyzing coverage positions, counseling on regulatory compliance and assisting with risk-sharing analysis. Mr. Maxwell was appointed as the Special Master in the Jensen Farms and Peanut Corporation of America outbreaks and responsible for valuing all cases submitted to the bankruptcy proceedings in both cases, a further testament to his reputation among his peers.Close