Arlington E. Coli Attorney
The bacterium Escherichia coli, commonly known as E. coli, is typically found in the intestines of humans and animals. While most E. coli strains are benign and vital for a healthy gut flora, some strains have the potential to cause serious infections.
Consequences of E. coli Infections
Some strains of E. coli can cause severe health issues, including symptoms such as bloody diarrhea and intense abdominal cramps. In more serious cases, these infections can lead to potentially life-threatening complications like hemolytic uremic syndrome (HUS). HUS is a condition characterized by the destruction of red blood cells, which can result in acute kidney failure and other severe complications. This syndrome can be particularly dangerous for young children, the elderly, and those with weakened immune systems, often requiring intensive medical treatment and potentially leading to long-term health consequences.
Legal Theories for Liability
When trying to prove someone is liable for an outbreak (or even a case) of E. coli, lawyers must prove rely on one of the following theories:
Negligence
- Definition: Failure to exercise reasonable care in ensuring the safety of the food product.
- Application: If a party failed to follow proper food safety protocols, leading to contamination, they could be found negligent.
Strict Liability
- Definition: Liability without the need to prove negligence or fault.
- Application: In many jurisdictions, food producers and sellers can be held strictly liable for distributing contaminated food that causes harm.
Breach of Warranty
- Definition: Violation of an implied or express guarantee that the product is safe and fit for consumption.
- Application: If a food product does not meet safety standards and causes illness, the seller or manufacturer may be liable for breach of warranty.
Product Liability
- Definition: Liability of any or all parties along the chain of manufacture for damage caused by that product.
- Application: Contaminated food is considered a defective product, and those who designed, manufactured, distributed, or sold it can be held liable.
How Can an Attorney Help Someone?
A lawyer specializing in foodborne illness cases can be a great asset to someone looking to start a case against the people responsible for their E. coli infection.
Initial Consultation and Case Evaluation
- Understanding the Case: An attorney will evaluate the circumstances surrounding the infection, including the timeline of symptoms, medical records, and any potential sources of the E. coli contamination.
- Determining Viability: The attorney assesses whether there is a viable legal case by identifying potential defendants and legal grounds for a claim.
Gathering Evidence
- Medical Records: Collecting and reviewing medical records to document the diagnosis, treatment, and impact of the E. coli infection.
- Source Investigation: Investigating the source of the contamination, which may involve tracing the food supply chain, interviewing witnesses, and consulting with experts.
- Testing and Reports: Coordinating with laboratories for testing food samples and obtaining reports that link the infection to a specific food product or establishment.
Identifying Defendants and Legal Grounds
- Potential Defendants: Identifying all parties potentially responsible, such as food producers, manufacturers, distributors, retailers, and food service establishments.
- Legal Theories: Developing a legal strategy based on negligence, strict liability, breach of warranty, or product liability.
Filing a Claim
- Drafting and Filing: Preparing and filing the necessary legal documents to initiate a lawsuit within the applicable statute of limitations.
- Class Action Consideration: Determining if the case should be part of a class action lawsuit if multiple individuals are affected by the same source of contamination.
Negotiating Settlements
- Settlement Discussions: Engaging in negotiations with the defendants and their insurance companies to seek a fair settlement that compensates for medical expenses, lost wages, pain and suffering, and other damages.
- Evaluating Offers: Advising on the adequacy of settlement offers and negotiating for higher compensation if necessary.
Arlington E. coli Statistics
In Tarrant County, between 2014 and 2017, E. coli cases were most prevalent among children between the ages of 0 and 14. 2017 had the highest incidence rate per 100,000, with 12.9, more than double the previous three years. The lowest incidence rate was in 2015, with 4.5, followed by 2016 (5.4) and 2014 (5.9).
Significant multistate E. coli outbreaks that have impacted Texas have included:
Explore Your Legal Options
Don’t delay – call The Lange Law Firm at (833) 330-3663 or message us online for a free consultation today. Our experts will investigate your E. coli case and pursue the compensation you need and deserve.
