Yes, you can sue a deli for E. coli, if your illness was caused by food sold by the deli. To prove your personal injury claim, you will need evidence, which generally consists of bacteria testing results and epidemiological data, including information from others who were sickened after eating at the same deli.
Your E. coli lawsuit will seek compensation to pay your medical bills, compensate you for time out of work, and other “damages.” If a grocery store was involved, you may be able to sue that company. You may also have claims against a processor, distributor, and others.
Our E. coli lawyers have won compensation for people sickened in this way.
Deli Lawsuit: Possible Claims for Relief
Your attorney will need to analyze the facts of your case to determine what claims for relief can be used in your lawsuit against a deli and others for personal injury compensation. Below are claims for relief used in most E. coli cases:
- Strict Liability
- Breach of Warranties
- Negligence and Negligence Per Se
Your attorney will need to determine what compensation can be pursued in a lawsuit. Below are some of the typical “damages” in an E. coli O157 case:
Damages for the loss of enjoyment of life, both past and future; medical and medical related expenses, both past and future; travel and travel-related expenses, both past and future; emotional distress and future emotional distress, pharmaceutical expenses, both past and future; wage loss, and other ordinary, incidental and consequential damages as would be anticipated to arise under the circumstances.
Past E. coli Outbreak
Five cases of E. coli O157:H7 in the Killeen, Texas, area have been traced to food served at a Jason’s Deli in April, 2011, according to Bell County health officials.
In addition to five confirmed cases there are 11 probable cases.
Two patients were hospitalized. E. coli can cause severe dehydration and hemorrhagic colitis, which is inflammation of the colon that causes abdominal cramps and diarrhea, often bloody. In severe cases, the E. coli victim may need a colectomy (surgery to remove all or part of the colon).
E. coli O157 can also cause hemolytic uremic syndrome (HUS) and thrombotic thrombocytopenic purpura (TTP). Complications of HUS and TTP are severe and can include kidney failure (renal failure), coma, stroke, seizures, encephalopathy, heart failure, pancreatitis, blindness, and death.
The Jason’s Deli outbreak was probably caused by a batch of guacamole made at the restaurant on April 13 and used as a sandwich spread. According to a report issued by Bell County, contamination likely occurred at the restaurant during food preparation.
The restaurant is at 3213 E. Central Texas Expressway in Killeen.