By William P. Morrow, Attorney at Morrow Law Firm, Opelousas, Louisiana
Foodborne illness resulting from contaminated food can cause significant medical complications, ranging from temporary discomfort to long-term health consequences. Under Louisiana law, individuals injured by unsafe food products may seek compensation through legal claims based on product liability principles. The legal structure for such claims is primarily governed by the Louisiana Products Liability Act (LPLA), which defines the circumstances under which a manufacturer or seller may be held responsible for harm caused by a defective product.
The LPLA provides four theories of liability for products deemed unreasonably dangerous: construction or composition defect, design defect, inadequate warning, and breach of express warranty. In the context of contaminated food, most claims fall under the first category—construction or composition defects. A construction defect occurs when a product deviates from its intended design or specifications and becomes unreasonably dangerous. In food-related claims, this may include contamination with bacteria such as E. coli, Listeria, or Salmonella, as well as the presence of foreign objects like plastic, glass, or metal fragments.
To proceed with a claim under the LPLA, several elements must be established. The product must be proven unreasonably dangerous in one of the four defined ways. The condition must have existed at the time the product left the control of its manufacturer or seller. The claimant must demonstrate that the product was used in a reasonably anticipated manner and that the defect was a proximate cause of the injury.
Liability may extend beyond the original manufacturer. Distributors, suppliers, and retailers can also be held accountable depending on their role in the chain of commerce. Restaurants, grocery stores, and food service establishments may also bear responsibility if the contamination occurred due to improper handling, storage, or preparation practices.
Medical evidence is crucial in contaminated food cases. Symptoms such as nausea, vomiting, abdominal pain, diarrhea, and fever should be documented through clinical records. Laboratory testing, stool samples, and physician diagnosis help establish the nature and severity of the illness. In more serious cases, complications such as kidney damage, neurological issues, or long-term gastrointestinal disorders may develop. Medical professionals may also provide information regarding the timeline of symptom onset, which can assist in tracing the source of the contaminated food.
Proof of purchase, product packaging, and any remaining portion of the food product should be preserved if possible. These items may assist in identifying the manufacturer, batch, or production date, which can be used to trace the item through the supply chain. If a product recall is issued in connection with the contaminated food, documentation of that recall may further support the claim, although a recall is not required to establish liability.
Regulatory agencies such as the Louisiana Department of Health and the U.S. Food and Drug Administration (FDA) may investigate foodborne illness outbreaks. Reports from these agencies can assist in identifying contamination sources, distribution points, and affected consumer groups. Findings from these investigations can strengthen the evidentiary basis of a product liability claim.
Under Louisiana law, most personal injury claims, including those arising from contaminated food, are subject to a one-year prescriptive period. The one-year period typically begins on the date of the injury or the date the injury is discovered or should have reasonably been discovered. Prompt legal consultation is recommended to avoid missing filing deadlines. Additionally, a ten-year peremptive period applies to product-related claims from the date the product was first sold, creating an absolute limit on when claims may be brought, regardless of when the injury occurred.
Damages in food injury cases may include medical expenses, lost income, and pain and suffering. In severe cases, damages may extend to future medical care, diminished earning capacity, and long-term disability. Wrongful death and survival claims may arise if the injury results in fatality. These claims are governed by separate statutes and provide compensation to surviving family members or the decedent’s estate.
Class action lawsuits may be appropriate when multiple individuals are injured by the same food product. These cases often involve products distributed across wide geographic areas, leading to broad exposure and similar injuries. In such cases, courts may certify a class of plaintiffs whose claims involve common questions of law and fact. However, individual claims may still be appropriate when a single person or small group is affected.
Successful resolution of a contaminated food claim depends on careful documentation, timely filing, and clear demonstration of the connection between the defective product and the injury. Challenges may arise in identifying the responsible party, especially when the food has passed through multiple handlers or is no longer available for inspection. Coordination with public health agencies, medical professionals, and product tracing systems plays a vital role in supporting claims.
The Louisiana Products Liability Act provides a defined path for injured individuals to recover damages caused by unreasonably dangerous food products. By aligning evidence with statutory requirements and adhering to the applicable deadlines, claimants may pursue compensation for injuries sustained due to contaminated food.