In May 2012, Jensen Farms, a southeastern Colorado cantaloupe grower that was the source of a deadly 2011 listeria outbreak, filed for bankruptcy protection. The bankruptcy filing cited lawsuits stemming from the outbreak, which caused at least 32 deaths and many more hospitalizations as a significant factor in its financial collapse.
Whom you can sue?
In Colorado, food poisoning claims can be brought against a variety of parties ranging from producers and growers to markets, restaurants, and other entities that played a role in supplying the food. Food poisoning can be devastating particularly if you or a family member suffers from a compromised immune response. In the worst cases, suffering can range from lost income, permanent disability or death and long periods of hospitalization.
What you need to show to claim damages
Luckily for victims, Colorado employs a strict liability statute. Under Colorado law, a plaintiff who suffers food poisoning is only required to demonstrate that the food was contaminated and that the contamination caused the illness of the plaintiff or their family member.
Additional potential claims can be based on:
negligence, showing that the parties manufacturing or supplying the food acted negligently by failing demonstrate reasonable care in growing or supplying the food
breach of warranty, arguing that food growers and producers warrant to consumers to provide food that meets minimum standards of consumption
the Federal Food, Drug and Cosmetics Act which prohibits the distribution of food that contains poisonous or injurious substances
Food poisoning is a personal injury.