Author: Fred Pritzker
Yesterday, the S.C. Department of Health and Environmental Control (DHEC) announced that they “found no conclusive link” between El Mexicano Restaurant on East Main Street in Spartanburg and cases of E. coli poisoning and hemolytic uremic syndrome (HUS) in that area. Does this mean that El Mexicano is not liable (legally responsible) to those sickened? No, links to restaurants do not need to be “conclusive” for the restaurant to be held liable for medical expenses, lost income, physical pain, emotional distress, and other damages.
Restaurant food poisoning? Wondering if a restaurant is liable for food poisoning? Contact Attorney Fred Pritzker: 1-888-377-8900 (toll free).
I have won money for people who got food poisoning after eating at a restaurant, even though health investigators could not find a conclusive link between the restaurant and my clients’ illnesses. A “conclusive link” would be finding E. coli in food or environmental samples found at the restaurant. But, depending on the other facts, cases can be won on epidemiological evidence, where interviews with people sickened (parents in the case of children) finds that a statistically significant number of them ate at a particular restaurant.
In addition, if the epidemiological evidence points to El Mexicano in Spartanburg, suppliers of food products to the restaurant should be investigated. If E. coli is found at a manufacturing or processing plant, and that E. coli bacteria a genetic match to the E. coli involved in the illnesses, that would be “smoking gun” evidence linking that company to the outbreak.
Because the health officials are not investigating this outbreak to determine who is liable, victims of this outbreak and their families can contact me regarding an independent investigation of the outbreak to find evidence that will hold those legally responsible accountable.
Attorney Fred Pritzker represents E. coli and HUS victims nationwide and is an active food safety advocate. He recently participated in a food safety debate at Harvard Law School and frequently travels throughout the United States speaking at food safety conferences. His clients have testified before Congress and have appeared on television to tell their stories. To contact Fred, call 1-888-377-8900 (toll free) or submit our free consultation form.
