New Foster Farms Salmonella Outbreak 2014 – Food Poisoning Lawsuit Info

Filing a Class Action Lawsuit For Foster Farms Salmonella Poisoning
Class action lawsuits take place when there are a large number of victims with an claim against one at fault party. Such claims require certification by the court where they are to be tries in. Certification is based on proving the presence several elements in the case. 1. A large number of claimants. 2. With an identical or nearly identical cause of action based on an issue of fact or law against the at fault party. 3. The class representatives interests are aligned with those of the other claimants. 4. The class representative is able to adequately fight for the right of all class members. Difficulty in Establishing Class Action Lawsuits in Food Poisoning Claims: Food poisoning outbreaks can pose a challenge for claimants who wish to be a part of a class action lawsuit. The reason for this is that there is a great variance in the level and severity of the harm suffered by claimants since every individual reacts differently to the contraction of viral or bacterial infections. For example elderly individuals or persons who have developed a low immune system due to a prior medical condition will likely react more severely to infections when compared to healthier and or younger individuals. Thus, it might make more sense to file a single party claim than establish a class action lawsuit. Damages Recoverable in Food Poisoning Lawsuits: Compensation for personal injury claims including contraction of food borne illnesses is predicated on several significant factors. A brief description of these factors is provide below…- The severity and extent of injury suffered – evidence via the number of days spent in the hospital, future medical and rehabilitation costs and specific diagnosis of the illness.
- Pain and suffering – courts provide restitution for the level of psychological harm and physical pain and discomfort a victim of food poisoning has endured.
- Los wages and loss of future earning capacity – cause by the injury and future ling term and or permanent disability.
- Availability of punitive damage – such damages are awarded where the at fault party acted with either the intent to cause harm or reckless behavior constituting a heightened level of harm to the consumer.
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