Injuries that occur as a result of food poisoning can give rise to a number of different claims for the harm suffered. Those who seek compensation for personal injuries resulting from the consumption of contaminated food or beverages can assert claims based on negligence, breach of express or implied warranty, violation of food laws, and strict liability.
For one, individuals can allege breach of warranty claims to recover compensation for their injuries. Breach of warranty claims can include express and implied warranties. For example, Illinois courts have found liability for a breach of an implied warranty of fitness when a manufacturer sold poisoned flour. In order to recover in a breach of warranty claim, there generally must be privity of contract. Privity of contract often requires that the injured person have purchased the goods from the manufacturer. This can include sellers of goods as well, yet courts have been hesitant to extend liability in such cases, particularly if the seller had no way to inspect the goods.
General Mills Expands Recall of Flour
General Mills announced an expansion to its flour recall resulting from a possible E. Coli outbreak. According to one news source, the updated recall covers different varieties of flour of the Gold Medal and Signature Kitchens brands, produced through February of this year. Four new cases were reported, causing the company to expand the recall. The outbreak has already caused illnesses to 46 people throughout 21 states. Thirteen of those people have required hospitalization. One person suffered from kidney failure as a result.
The Centers for Disease Control and Prevention have stated that a Kansas City plant is the likely source of the outbreak. Flour made in the facility has been found to test positive for E. Coli. E. Coli generally is killed if it is cooked, but E. Coli eaten raw can lead to infection.
The company has stated that the illnesses have resulted from consumers eating or handling uncooked dough or batter made with its flour. The contamination may be the result of wheat grown where bacteria is present, if it has not been treated to kill bacteria during the manufacturing process. The recall announcement recommends that consumers do not eat uncooked dough or batter made with raw flour and that consumers properly cook or bake food made with flour to kill any bacteria present. In addition, the CDC advises consumers to throw away any products listed in the recall.
Have You Suffered from Food Poisoning?
If you have suffered from food poisoning, you may be able to recover for your injuries. At Moll Law Group, our attorneys may be able to help E. Coli victims throughout the United States pursue products liability claims. These cases are often complex and require sophisticated legal strategies. Our Illinois injury attorneys can represent injured persons in states including California, Florida, Texas, Pennsylvania, Ohio, and Michigan. Use our online form or call us at 312-462-1700 to set up a free initial consultation.
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Court Hold Adults Who Serve Alcohol to Minors May Be Liable for Related Injuries, Illinois Injury Lawyer Blog, August 9, 2016.