NOTE: The following report is available on the web at:
http://www.ers.usda.gov/publications/aer799/
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"Product Liability and Microbial Foodborne Illness"
By Jean C. Buzby, Paul D. Frenzen, and Barbara Rasco
ERS Agricultural Economic Report No. 799. 45 pp, April 2001
This report examines how product liability law treats personal injuries
attributed to microbially contaminated foods. The risk of lawsuits
stemming from microbial foodborne illness and the resulting court-awarded
compensation may create economic incentives for firms to produce safer
food. It is not known how many consumers seek compensation for damages
from contaminated foods because information about complaints and legal
claims involving foodborne illness is not readily accessible, especially
for cases that are settled out of court. Reviewing the outcomes of 175
jury trials involving foodborne pathogens, the analysis identifies several
factors that influence trial outcomes, while noting that the awards won by
plaintiffs tend to be modest.
Keywords: foodborne illness, food safety, jury verdict, personal injury,
product liability
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