Foster Farms Chicken Salmonella Class Action Lawsuit Information
![Foster Farms Chicken Salmonella Class Action Lawsuit Information](/wp-content/uploads/1ee91b28a1e3bacbea40f882e0a313c7_Foster_Farms_salmonella_poisoning_class_action_lawsuit_information-287-143-c.jpg)
- P6137
- P6137A
- P7632
Joining a Class Action Claim – Should I File a Single Party Lawsuit or a Class Action
Class action lawsuits take place when there are a large number of victims with a similar or nearly identical cause of action against an at fault party. Class action lawsuits require certification by a court. Certification requires the showing of several elements. 1. Commonality: There is a common issue of fact or law amongst the injured parties. 2. Numerosity: A large number of plaintiffs (victims) so as to make filing single party claims impracticable. 3. Typicality: The legal or factual issues of the class representative is typical to that of the other class members. 4. Adequacy: The class head is able to properly represent the claims of all other class members in the court of law. Proving a Product Liability Case for Food Poisoning in the Court of Law: The vast majority of food poisoning lawsuits for salmonella contraction are based on a defective product liability cause of action. There are several ways one can prove the existence of a defect in a consumer good. 1. Negligence Theory: Pure negligence requires the showing of several elements. (1) The liable party owed a duty. (2) The duty was breached (3) Breach of the duty was the cause of the harm to the victim. (4) The victims has suffered actual harm (damages) as a result. 2. Breach of Warranty – Expressed Warranty or Implied Warranty: A warranty is a promise made by the manufacturers to the consumer that its product is safe. Common law assumes that a seller of a product automatically provided for a warranty (implied warrant) to the consumer. In some instances the a manufacturers will provide an expresses warranty. An example of an expresses warranty may be “MADE FRESH WITH NO ADDED CONTAMINANTS” 3. Strict Liability: Strict liability product liability claims are base on proving the existence of a defect at the time of consumption. A defect can be show in three ways (1) Defect in the original design of the product. (2) Defect in the manufacturing and distribution process resulting in salmonella contamination of the chicken. (3) Failure to properly warn known or knowable dangers associated with the use of the product.Compensation Available For Victims of Food Born Illnesses – Food Poisoning
Victims of severe food poisoning or contraction of diseases due to the intake of unclean foods caused y the negligent or wrongful actions of others are entitled to compensation for all harms suffered. The potential estimated compensation value of a salmonella outbreak lawsuit is dependent on several significant factors including- The severity and extent of the harms suffered
- Medical and hospitalization costs including cost of future rehabilitations case
- Pain and suffering including emotional trauma resulting from the illness suffered
- Los wages and loss of future income capacity due to prevailing ling term effects of the illness
- Availability for punitive damages – punitive damages can be awarded when the liable (at fault) poultry manufacturer or distributor acted in wanton or reckless disregard for the life and health of its customers.
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