A growing number of lawsuits have been filed across the United States following a widespread Cyclospora outbreak linked to shredded iceberg lettuce that may have been served at certain Taco Bell restaurants. While public health investigations remain ongoing and liability has not been determined, the outbreak serves as an important reminder that consumers have legal rights when contaminated food causes serious illness.

California's Strict Liability Laws Protect Consumers

Under California law, individuals who become ill from contaminated food may have legal claims under the doctrines of strict products liability and the implied warranty of merchantability. Judicial Council of California Civil Jury Instructions (CACI) No. 1200 provides that distributors, suppliers, and restaurants that place defective food products into the stream of commerce may be held legally responsible.

In addition, CACI No. 1233, addressing the implied warranty of merchantability of food products, recognizes that food sold to consumers carries an implied warranty that it is fit for consumption. If contaminated or defected food causes illness, a consumer may have a claim for breach of that implied warranty.

A strict liability or implied warranty claim is significant because the injured consumer does not need to prove that a restaurant or its suppliers were careless. Instead, the consumer must establish the following:

·         Proof of consumption, such as documentation showing where and when the food was purchased or consumed.

·         The food was contaminated or unfit for human consumption.

·         Medical records, stool or blood tests, or public health investigations linking illness to a specific pathogen or contaminated food source.

·         The consumer suffered harm from the contaminated food.

The more documentation available including receipts, credit card statements, laboratory testing, and medical records the stronger a potential claim may become.

The “Mexicali Rose” Decision

California's protection of consumers is further supported by the California Supreme Court case Mexicali Rose v. Superior Court (1992). In that case the Court held that restaurants may be strictly negligent or liable if one's food contains a foreign substance (piece of glass, metal, plastic, or pathogenic bacteria/viruses). Under strict liability, one can sue without proving that the restaurant was careless.

The Court also distinguished injuries caused by natural substances found in food, such as bones, shells, or pits. In those cases, a restaurant may still be held liable if the consumer can prove that the food was prepared or served negligently. For example, if a large bone fragment or nutshell remained in a dish when a reasonable consumer would not expect it to be present. In those situations, the injured consumer must establish that the restaurant failed to exercise reasonable care in preparing the food.

The “Mexicali Rose” decision, together with California's strict products liability and implied warranty laws, provides an important legal foundation for individuals seeking compensation after suffering injuries or illnesses caused by unsafe food products.

Compensation One May Be Entitled to Recover

Successfully establishing liability is only the first step in a foodborne illness claim. Once one has proven that contained food was the source of illness, California law may allow one to recover compensation for physical, emotional, and financial losses. Depending on the severity of illness, one is entitled to recover the following damages:

Economic Damages:

These damages compensate you for measurable financial losses, including:

• Medical Bills 
• Lost Wages 
• Loss of Earnings 

Non-Economic Damages:

These damages compensate you for the personal impact your illness has had on one's life, including:

• Pain and Suffering 
• Emotional Distress 
• Loss of enjoyment of life

Consequential Damages: 

• Consumers may also have claims for consequential damages under California Commercial Code section 2715, “injury to person or property proximately resulting from any breach of warranty.” This means that a consumer can recover damages resulting from a seller's breach, allowing food poisoning victims to seek compensation under a commercial code claim.

Why Choose Kohn Law Office?

Foodborne illness claims are often defended by restaurants, insurance companies, and large corporations. Preserving evidence, identifying responsible parties, and proving the connection between contaminated food and one's injuries requires knowledge, experience, and a thorough investigation. Kohn Law Office has represented injured Californians in complex personal injury cases. Our firm is committed to providing personal attention, aggressive representation, and experienced legal guidance in every step of the law.

If you or a loved one suffered a serious foodborne illness after eating contaminated food, contact the best lawyers at Kohn Law Office today for a free consultation to discuss your legal rights.

Call us at: (760) 721-8182