Toxic Tort / Hazardous Substances - Food Liability

From a legal standpoint, claims of food liability are based in product liability, the corner stone of the firm's litigation practice. Despite the fact that the American food supply chain is one of the most regulated in the world, risks remain for both the consumer, the restaurant and the supplier as food-borne illness is a common, but largely preventable, illness.  With almost one-half of every dollar spent in the United States is on food from restaurants, this litigation frequently creates unique issues for a variety of corporate defendants.

The interplay between state tort law and federal regulations in food liability claims is complex.  In keeping with our maxim, Segal McCambridge seeks to simplify them for the benefit of our clients.  Our attorneys are well-versed in handling class action claims and are knowledgeable in possible federal preemption defenses.

Causation is the primary battleground in a food liability claim and because of this, reliance is on experts and the extensive use of the medical and scientific literature in preparing and presenting the appropriate theory of the case.  Our food liability group has developed, deposed, examined and cross-examined experts from a diverse group of disciplines (epidemiology, infectious disease, radiology, pathology, toxicology, etc.). The services provided to our clients in this area include not only defending product liability, personal injury and property damage claims, but also the provision of services, which focus on the prevention of such claims for the firm's clients.  These services include training and advising our clients' personnel regarding document on document retention policies, instructing on informal fact investigation, providing guidance for any anticipated media and public relations campaigns, developing and assisting in the development of applicable safe handling instructions, and advising on labeling standards.  Our attorneys are available to make presentations to personnel employed by the firm's clients regarding food liability issues.