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Oakland E. Coli Attorney

E. coli, scientifically named Escherichia coli, is a type of bacteria commonly found in the intestinal tracts of humans and animals. Most E. coli strains are non-harmful and play a key role in maintaining a healthy gut, yet some strains can lead to severe health issues such as bloody diarrhea, abdominal cramps, and potentially life-threatening complications like hemolytic uremic syndrome (HUS), which can result in kidney failure.

Prevention Measures

To reduce the risk of E. coli transmission:

  • Avoid Cross-Contamination: Use separate cutting boards and utensils for raw meat and other foods. Clean and sanitize kitchen surfaces and utensils regularly.
  • Consume Pasteurized Products: Choose pasteurized milk, dairy products, and juices to avoid contamination.
  • Cook Meat Thoroughly: Ensure that ground beef and other meats are cooked to a safe internal temperature to kill harmful bacteria.
  • Drink Safe Water: Ensure that drinking water is from a safe and treated source. Avoid swallowing water while swimming in lakes, pools, or other bodies of water.
  • Practice Good Hygiene: Wash hands thoroughly with soap and water, especially after using the bathroom, changing diapers, handling raw meat, or coming into contact with animals.
  • Wash ProduceRinse fruits and vegetables under running water before eating, cutting, or cooking them.

How Can an Attorney Help Someone in Oakland with E. coli?

An attorney can help someone affected by an E. coli infection in several key ways:

  • Initial Consultation: Evaluate the case and determine its viability.
  • Evidence Gathering: Collect medical records, investigate the contamination source, and obtain test results.
  • Identify Defendants: Determine responsible parties, such as food producers, manufacturers, distributors, and retailers.
  • Legal Strategy: Develop a legal case based on negligence, strict liability, or product liability.
  • Filing a Claim: Prepare and file legal documents within the statute of limitations.
  • Settlement Negotiation: Engage in negotiations for fair compensation.
  • Court Representation: Represent the plaintiff in court, including trial preparation and expert testimony.
  • Legal Procedure Compliance: Ensure all legal procedures and deadlines are met.
  • Post-Trial Actions: Handle appeals and assist in collecting damages if necessary.
  • Support: Provide emotional and practical support throughout the process.

Legal Theories for Liability in E. coli Outbreaks

When pursuing legal action for an E. coli infection, various legal theories can be applied to establish liability. These theories provide the framework for holding responsible parties accountable for the harm caused by contaminated food. Here are the primary legal theories used in such cases:

  1. Negligence: This theory asserts that a party failed to exercise reasonable care in preventing contamination. To prove negligence, it must be shown that the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injury as a result.
  2. Strict Liability: Under this theory, a party can be held liable for distributing a defective product (contaminated food) regardless of fault or negligence. The plaintiff must demonstrate that the food was defective, the defect caused the injury, and the product was used as intended.
  3. Breach of Warranty: This involves the violation of an implied or express guarantee that the product is safe and fit for consumption. If the food product fails to meet these standards and causes harm, the seller or manufacturer can be held liable for breaching their warranty.
  4. Product Liability: This theory holds any or all parties along the supply chain responsible for distributing a defective product. It focuses on ensuring that products reaching consumers are safe and free from defects that could cause harm.

These legal theories form the basis for seeking compensation and justice in E. coli outbreak cases, helping affected individuals recover damages for their medical expenses, lost wages, pain and suffering, and other related losses.

Oakland E. coli Statistics

Between 2012 and 2020, the Alameda County E. coli incidence rate per 100,000 people was consistently higher than the statewide incidence rates for those years.

2012 2013 2014 2015 2016 2017 2018 2019 2020
California 1.5 1.5 1.7 2.3 2.2 3.2 5.7 6.6 3.1
Alameda County 2.1 2.5 3.0 4.4 5.0 6.2 7.8 9.6 4.4

During the same timeframe, the age group most affected by E. coli cases in California was 1-4, followed by 0-1. In 2018 and 2019, the incidence rate per 100,000 among 1-4 year olds was 22.1 and 24.5.

The increase in incidence rates for 2018 and 2019 in California could be attributed to four multistate E. coli outbreaks that happened during that period.

2018

2019

Call Us Today

An attorney specializing in foodborne illness cases can significantly impact the outcome of an E. coli infection claim. From investigating the source of contamination and identifying liable parties to negotiating settlements and representing clients in court, attorneys offer invaluable expertise and support. Their role is crucial in securing fair compensation and ensuring justice for those affected by E. coli infections.

Don’t suffer in silence. Reach out to The Lange Law Firm at (833) 330-3663 or message us online today for a free consultation. Our team will investigate your E. coli case and pursue the compensation you deserve.