The food poisoning outbreak related to Salmonella keeps getting larger and larger. According to the the United States Center for Disease Control (CDC) there are now 491 reported cases of people infected with the outbreak strain of Salmonella Typhimurium. have been reported from 43 states and Canada. The illness is very broad with reported peanut butter related infections in the elderly and children, and infecting men and women about equally. This is a very serious infection. Already seven deaths are reported to be related to the peanut butter infection. According to the CDC:
Among the persons with confirmed, reported dates available, illnesses began between September 14, 2008 and January 8, 2009. Patients range in age from <1 to 98 years; 48% are female. Among persons with available information, 22% reported being hospitalized. Infection may have contributed to seven deaths.
Some may wonder what the legal remedies are for persons infected from the peanut butter salmonella outbreak. Essentially in Florida product liability laws govern the claims related to food poisoning ingestion from food products. Most product liability claims fall under two legal claims: negligence and strict liability. Negligence claims will require proof that the peanut butter manufacturer, supplier, seller or distributor was breached the appropriate standard of care in the storage, manufacture or transport of the peanut butter that caused the infection from salmonella contained within the peanut butter. Strict liability claims hold everyone in the chain of distribution of the infected peanut butter–manufacturers, suppliers, and even retail sellers of the product (the Walmarts, Publix etc..) for the sale of an unreasonably dangerous product. Because infected peanut butter is unreasonably dangerous and because the exact source of the contaminations are still being evaluated the strict liability product liability claim is essential to these the succesful pursuit of a peanut butter salmonella related injury or death claim.
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