Protecting families from contaminated food and water
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Protecting families from contaminated food and water
If you or a loved one has been affected by E. Coli contamination, our dedicated New York E. Coli lawyer understands the complexities of these cases and is committed to fighting for justice on behalf of victims. Arrange a free consultation to review your E. Coli lawsuit by calling (833) 330-3663 or messaging us online.
At The Lange Law Firm, PLLC, we are dedicated to making crucial information about food safety accessible to families, empowering them to protect themselves. With millions of Americans falling ill and thousands dying from foodborne pathogens yearly, we are deeply concerned about the safety of our food system.
When companies fail to adhere to food safety regulations, jeopardizing public health, we step in. Specializing in cases involving E. coli, we provide legal assistance to families nationwide.
Our E. Coli lawyers have secured many substantial settlements and verdicts for victims of foodborne illness. Here are a few:
With specialized knowledge and experience in handling these claims, an E. Coli lawyer can benefit your case in the following ways:
An attorney can provide knowledgeable advice and guidance tailored to your specific situation. Throughout the legal process, they will provide you with ongoing support and guidance. They will keep you informed of your rights and options, answer any questions you may have, and provide reassurance during what can be a challenging time.
An E. Coli lawyer will have the resources and experience to conduct a thorough investigation into your case. This may involve gathering evidence, interviewing witnesses, reviewing medical records, and consulting with experts to establish the cause of your illness and identify liable parties.
An experienced attorney is a skilled negotiator who can advocate on your behalf during settlement negotiations with insurance companies or responsible parties. They will work to secure a fair compensation to completely cover your losses.
If a fair settlement cannot be reached through negotiation, an E. Coli lawyer can represent you in court. They will build a strong case and argue it before a judge and jury.
“Lange Law Firm truly care about you and your well being and fight for justice for you. The amazing staff kept me up to date and kept me very hopeful even though it was a long road.”
Felic Fe
In New York, product liability laws govern the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective or dangerous products, including food products contaminated with E. coli bacteria. These laws provide recourse for individuals who have been harmed by consuming contaminated food and allow them to pursue compensation for their injuries and losses. Several legal theories may apply to E. coli cases:
Most E. Coli cases are brought under strict liability, meaning that a plaintiff (victim) does not need to prove negligence on the part of the defendant (at-fault party). According to New York’s PJI Section 2:120:
“A (manufacturer, wholesaler, distributor, retailer, processor of materials, maker of a component part) that sells a product in a defective condition is liable for injury that results from use of the product when the product is used for its intended or reasonably foreseeable purpose.”
Therefore, a plaintiff must only demonstrate that the product was defective or unreasonably dangerous, and that this defect caused their injuries. In E. coli cases, plaintiffs may argue that the food product was contaminated due to improper handling, processing, or storage, making it unreasonably dangerous to consumers.
While strict liability is the primary theory of liability in E. Coli cases, plaintiffs may also pursue claims based on negligence. Under NY PJI 2:125:
“Manufacturers and sellers of products in the normal course of business are under a duty to exercise reasonable care to avoid the occurrence of injuries resulting from negligent manufacture, Gebo v Black Clawson Co., 92 NY2d 387, 681 NYS2d 221, 703 NE2d 1234 (1998); Saunders v Farm Fans, div. of ffi Corp., 24 AD3d 1173, 807 NYS2d 241 (4th Dept 2005).”
This requires plaintiffs to prove that the defendant breached a duty of care owed to consumers, such as by failing to follow proper food safety protocols or by allowing contaminated products to enter the market.
Under the following laws, plaintiffs may also assert claims for breach of warranty, including both express and implied warranties:
“Express warranties by the seller are created as follows:
(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
(c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.”
Express warranties are specific promises made by the manufacturer or seller about the safety or quality of the product.
“(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.”
Implied warranties guarantee that the product is fit for its intended purpose. If a food product is contaminated with E. coli, it may be considered a breach of warranty if it does not meet the above standards.
The time limit to file an E. Coli lawsuit in New York is generally three years from the date you consumed a contaminated product.
New York Civil Practice Law & Rules section 214
“Actions to be commenced within three years…for personal injury;”
It is crucial to initiate legal action before this deadline, or you may lose your right to seek compensation.
If you or a loved one has suffered harm due to E. Coli contamination, don’t hesitate to contact The Lange Law Firm, PLLC. Our highly experienced and trusted New York E. Coli lawyer will help you seek justice and hold negligent parties accountable for their actions. Arrange a free consultation today by calling (833) 330-3663 or messaging us online.