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Product Liability and Microbial Foodborne Illness 

This report examines how product liability law treats personal injuries attributed to microbially contaminated foods. The risk of lawsuits stemming from microbial foodborne illness and the resulting court-awarded compensation may create economic incentives for firms to produce safer food.

It is not known how many consumers seek compensation for damages from contaminated foods because information about complaints and legal claims involving foodborne illness is not readily accessible, especially for cases that are settled out of court. Reviewing the outcomes of 175 jury trials involving foodborne pathogens, the analysis identifies several factors that influence trial outcomes, while noting that the awards won by plaintiffs tend to be modest.


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  Did You Know?
 
Product liability is a strict liability offense.

When a consumer has proven that a product is defective, the responsible party will be held liable, regardless of the degree of carelessness. Once product defects have been proven, damages are to be paid and there is no negotiating about the level of defect.
 


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