2. How Big is the Food Poisoning Problem?  CDC reports that yearly 76,000,000 are sickened, 325,000 are hospitalized and 5,000 die as a result of eating food.  Recent estimates $152,000,000 in cost to victims  Not counting Business Loss

3. Civil Litigation – How it Really Works  Strict liability It is their fault – Period! It is their fault – Period!  Negligence Did they act reasonably? Did they act reasonably?  Punitive damages Did they act with conscious disregard of a known safety risk? Did they act with conscious disregard of a known safety risk?

4. Strict Liability for Food – a Bit(e) of History “… a manufacturer of a food product under modern conditions impliedly warrants his goods… and that warranty is available to all who may be damaged by reason of its use in the legitimate channels of trade…” “… a manufacturer of a food product under modern conditions impliedly warrants his goods… and that warranty is available to all who may be damaged by reason of its use in the legitimate channels of trade…” Mazetti v. Armour & Co., 75 Wash. 622 (1913)

5. Who is a Manufacturer? A “manufacturer” is defined as a “product seller who designs, produces, makes, fabricates, constructs, or remanufactures the relevant product or component part of a product before its sale to a user or consumer….” RCW 7.72.010(2); see also Washburn v. Beatt Equipment Co., 120 Wn.2d 246 (1992)

6. The Legal Standard: Strict Liability STRICT LIABILITY IS LIABILITY WITHOUT REGARD TO FAULT.  The focus is on the product; not the conduct  They are liable if: The product was unsafe The product was unsafe The product caused the injury The product caused the injury

7. Why Strict Liability?  Puts pressure on those (manufacturers) that most likely could correct the problem in the first place  Puts the cost of settlements and verdicts directly onto those (manufacturers) that profit from the product  Creates incentive not to let it happen again

8. Things that the Fish Industry Worries About  Mercury in Tuna  Antibiotics in Fish Farming  Sustainability of Fish Stocks  Environmental Issues Fish FarmingFish Farming Non-target fish killNon-target fish kill  Norovirus and Hepatitis A in Shellfish

9. My Experience with the Fishing Industry

10. What to Avoid - Jack in the Box  1992 and 1993  Nearly 600 people sickened in six States – most children - 50 HUS – 4 deaths  Two Class Actions – Hundreds of Individual Suits  Shareholders Litigation, Congressional Investigation  Settlements in Excess of $100,000,000  Cause - knowingly undercooking

13. What to Avoid - Odwalla  1998  Over 70 people sickened 5 HUS, 1 death  Multiple lawsuits  Criminal Investigation and Plea  Knowingly sold contaminated Apple Juice  Settlements over $20,000,000  Stock Price fell and they were purchased

15. Odwalla

16. What to Avoid - Peanut Butter and Salmonella - Again  Over 700 persons infected with the outbreak strains of Salmonella Typhimurium have been reported from 46 states  Over 150 people hospitalized  Nine Deaths  Over 4,000 products recalled  Bankruptcy  Criminal Prosecution?

17. What is the Problem?  Industrialization of our food supply?  Technological Advances in Surveillance?  Bugs are bigger, stronger, faster?

18.  Free Market?  Regulation?  Litigation?  Criminalize? How to Solve the Problem?

19. My Top Eleven 1. Improve surveillance 2. Government Agencies work together 3. Train, certify, vaccinate food handlers 4. Stiffen license requirements 5. Increase food inspections

20. My Top Eleven 6. Reform agencies at every level to be more proactive 7. Legal consequences 8. Technology to make food more traceable 9. Promote research 10. Provide tax breaks 11. Improve consumer understanding

21. Questions