When you grab a bite to eat at a favorite restaurant or purchase groceries, the last thing on your mind is the possibility of getting an E. Coli infection. Unfortunately, tainted food can get into the marketplace. How food is prepared can also cause E. coli poisoning. 

So, if you contract an E. coli infection, can you file a claim for damages? The answer may be yes, but there are steps to follow that include establishing liability in E. Coli cases. Who’s liable in an E. coli claim? The answer typically depends on how the food poisoning occurs.

Determining Liability in an E Coli Claim

E. coli cases typically are covered by product liability laws and these can vary by state. Product liability laws apply to manufacturers, suppliers, distributors, and retailers. 

The law helps ensure parties responsible for public product availability are held accountable if their goods cause harm.

In E. coli claims, the liable parties typically include one or more of the following:

• Processing and packaging companies: If contamination occurs on a farm, at a slaughterhouse, or during the packaging process, you may be able to hold this entity responsible for your E. coli infection.

• Suppliers: These include distributors and wholesalers. If they sell tainted food or beverage products whether for public or private consumption, they can be liable for any damages caused by the tainted items.

• Retailers: This includes grocery stores and restaurants. Product liability laws prohibit these entities from selling or serving tainted food products.

Determining where the E. coli bacteria started is often key in determining liability. For example, if a restaurant prepares raw chicken but fails to properly clean the container before it touches other food items, the establishment is probably responsible for covering your damages.

Sometimes, E. coli bacteria can form before the food even leaves the farm, which can be especially true for fresh produce like leafy greens. How food is contaminated varies but a common cause is runoff water. 

If sewage from livestock pens and fields gets into the groundwater the bacteria can grow on nearby plants. These are only a few examples of how E. coli poisoning can occur.

What Damages Can You Claim in an E Coli Case?

Most E. coli cases list both economic and non-economic damages. Depending on the severity of the E. coli infection, you may also be eligible for punitive damages.

Economic Damages

Your economic damages in an E. coli claim typically include your medical expenses. This can include costs associated with diagnosing and treating the condition. Follow-up doctor visits, prescriptions, and ongoing care can also be included in your claim.

Some E. coli infections are severe enough to result in lost wages. Your symptoms are preventing you from returning to work. If this applies to your case, you should be able to claim both lost and current income.

Non-Economic Damages

While your economic damages are pretty easy to calculate, you simply add up your receipts and bills, non-economic damages are different. These are intangible items that don’t come with a price tag. Some examples include pain, suffering, emotional distress, and loss of life enjoyment.

Since you can’t look up the cost of your pain and suffering in a catalog, determining the value can be tricky. However, you can use either the per diem or multiplier method to come up with the estimated value of your non-economic damages. Which method you use to calculate non-economic damages depends on the unique specifics of your claim. Your attorney can help you calculate these damages.

Punitive Damages

Unlike your economic and non-economic damages, you can’t calculate punitive damages. These are damages awarded by a judge or jury in lawsuits. 

Punitive damages are designed to serve two purposes. The financial compensation punishes the defendant and strives to discourage others from engaging in the same negligent behavior. Typically gross negligence needs to be a factor to receive punitive damages.

Something else to know about punitive damages is most states place caps on award amounts. For example, Texas caps punitive damages in product liability cases. Your punitive damages can’t be more than twice the amount of your economic damages plus an equal amount of non-economic damages.

Feeling a little confused? Here’s a quick example. So, if your economic damages are $100,000 and your non-economic damages total $250,000, your punitive damage award can be as high as $400,000. However, Texas also caps punitive damage amounts at $750,000. So, this is the most you can receive in punitive damages.

Talk to An Attorney if You’ve Had E Coli

If you’re the victim of E Coli poisoning, talk to an attorney about your legal options. You may be able to recover compensation for your damages. An attorney experienced in handling foodborne illness cases can guide you through the legal process, ensuring your rights are protected. 

By seeking legal advice, you increase your chances of obtaining the compensation you need for medical expenses, lost wages, and other related costs, allowing you to focus on your recovery without financial worry.

Disclosure: This is a collaborative post.