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Personal Injury and Wrongful Death

E. coli Wrongful Death
Attorney and Lawsuit

Has a family member died in an E. coli outbreak? Do you want the food manufacturer or restuarant to be held accountable?

Our attorneys have helped many families who have suffered the loss of a loved one from contaminated food. Contact us for a free E. coli wrongful death case review >>

E coli Answer BookWhen a victim of an E. coli outbreak dies, the law allows the next of kin (spouse, children, parents, siblings, and more distant relatives) of the decedent (the person who died) to pursue a claim for money damages against any parties that may be liable (legally responsible).  This is called a "wrongful death claim."

E. coli Death Lawsuit: Liability

An E. coli death lawsuit is brought against the person or company responsible for the E. coli contamination that caused the wrongful death.

  • E. coli cases involve strict liability.  This means that a person or company will have to compensate the families of those killed in an E. coli foodborne outbreak if 1) the food was adulterated (by law E. coli is an adulterant) and 2) the contamination caused the death.  It is not necessary to prove that anyone was negligent or intended to contaminate the food.
  • A person or company can be liable even if the contamination did not happen when the food was under their control.  For example, a restaurant is strictly liable for food they prepare.  If an E. coli outbreak is linked to a restaurant, the restaurant is liable, even if health officials determine that the contamination happened on a farm field not owned by the restaurant.  We have handled numerous cases like this.
  • As suggested above, multiple parties may be liable for an E. coli wrongful death.  Parties liable for a foodborne E. coli wrongful death may include anybody who handled the food from farm to fork:
    • Owner and/or lessee of a farm or cattle ranch
    • Food processor
    • Food distributor
    • Food service company
    • Restaurant or other eating establishment
    • Homeowner (homeowner’s insurance
  • It is generally best for the family of the decedent if multiple parties are liable because there are more opportunities for obtaining compensation.

Compensation for E. coli Death

An E. coli wrongful death lawsuit is not a criminal prosecution. Only state or federal prosecutors can bring criminal charges. The sole reason for a wrongful death claim is to compensate the heirs of the decedent for their loss.

Each state has different laws about the type of losses for which wrongful death compensation is allowed.

  • All states allow for the recovery of lost income the decedent would have provided his loved ones.
  • Most states do not allow recovery for grief or anger suffered by the surviving heirs, but do allow money damages for the loss of advice, care, comfort and companionship the deceased would have provided had he or she lived.
  • Some states also allow money damages for the pain and suffering of the deceased person prior to death.

Our attorneys have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications regarding food safety and food litigation. Submit our online form for a free consultation. 

Keywords: E. coli death, attorney, E. coli wrongful death lawsuit, lawyer, Hemolytic Uremic Syndrome, HUS E. coli.


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