Our law firm is currently investigating possible class action and single party lawsuits against Foster Farms, the manufacturers of salmonella infected chicken. If you or a loved one have contracted salmonella due to the purchase and consumption of Foster Farms Chicken contact our food poisoning law firm toll free (855)385-2529. All consultations regarding your claim are provided by our food poisoning attorneys free of charge. California Foster Farms Salmonella Outbreak: According to the most recent news close to 300 individuals so far have nee sickened by Salmonella Heidelberg due to the intake of chicken produced by several Fosters Farms production facilities all located in California. According to the FDA he vast majority of those infected reside in the State of California but the outbreak has reached up to 18 different states including Washington and Oregon. Consumers are warned to check their Foster Farms chicken products produced at the California facilities. The products contain the product codes below.
Joining a Class Action Claim – Should I File a Single Party Lawsuit or a Class ActionClass 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 PoisoningVictims 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.