In the aftermath of this massive egg recall, if (G-d forbid) you have contracted salmonella after consuming what you think may have been tainted eggs, you're probably thinking that you have a slam-dunk food poisoning case against the egg company. But while you may have a viable defective products case, the truth is that you certainly don't  have a slam-dunk case.

Not by any stretch of the imagination.

As noted in "3 Avoidable Mistakes That Can Destroy Your Food Poisoning Lawsuit in NY"  and "The Impact of Tainted Product Recall on Your NY Food Poisoning Case," there are certain elements to a successful food poisoning claim that it remains incumbent upon you to prove, through medically and scientifically reliable evidence, the following:

  • That you contracted the sickness complained of;
  • That you either used, or were exposed to the defendant's product;
  • That the defendant's product(s) was, in fact, tainted or defective;
  • That your sickness was, to a reasonable degree of certainty, caused by your exposure to, or use of, the defendant's tainted product.
I think we can all agree that this is certainly no "slam dunk" even under the best of circumstances.

Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer
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