Food Contamination Lawyers in Georgia & South Carolina
Food contamination is a serious and widespread public health problem. The Centers for Disease Control and Prevention (CDC) estimates that 48 million Americans are sickened by contaminated food each year, resulting in 128,000 hospitalizations and 3,000 deaths. While many cases of food poisoning are mild, contamination with dangerous pathogens like E. coli O157:H7, Salmonella, Listeria monocytogenes, Hepatitis A, and Clostridium botulinum can cause kidney failure, meningitis, sepsis, permanent organ damage, and death — particularly in children, the elderly, pregnant women, and immunocompromised individuals.
At Roden Law, our food contamination lawyers represent victims throughout Georgia and South Carolina who have suffered serious illness from contaminated food products. We pursue strict liability and negligence claims against food manufacturers, processors, distributors, restaurants, and retailers.
Common Foodborne Pathogens
Serious food contamination cases typically involve these dangerous organisms:
- E. coli O157:H7: Produces Shiga toxin that can cause hemolytic uremic syndrome (HUS) — kidney failure, seizures, and death. Common sources include undercooked ground beef, leafy greens, and unpasteurized products
- Salmonella: Causes salmonellosis with severe diarrhea, fever, and abdominal cramps. In severe cases, the infection spreads to the bloodstream. Common sources include poultry, eggs, produce, and pet food
- Listeria monocytogenes: Causes listeriosis — particularly dangerous for pregnant women (can cause miscarriage and stillbirth), newborns, elderly, and immunocompromised. Common sources include deli meats, soft cheeses, and ready-to-eat foods
- Campylobacter: The most common bacterial cause of diarrheal illness, occasionally leading to Guillain-Barré syndrome (a form of paralysis). Common in undercooked poultry
- Hepatitis A: A viral liver infection transmitted through contaminated food or water, often traced to infected food handlers
- Norovirus: Highly contagious virus causing vomiting and diarrhea, commonly spread through contaminated food, particularly in restaurants and institutional settings
Legal Theories in Food Contamination Cases
Food contamination claims in Georgia and South Carolina can be pursued under multiple theories:
- Strict liability: Under Georgia’s product liability statute (O.C.G.A. § 51-1-11) and South Carolina common law, food is treated as a product, and manufacturers and sellers are strictly liable for contaminated food that is unreasonably dangerous
- Negligence: The food producer, processor, or handler failed to exercise reasonable care in preparation, storage, or handling — including violations of FDA Food Safety Modernization Act (FSMA) requirements
- Breach of implied warranty: All food sold is impliedly warranted to be fit for consumption under the UCC
- Restaurant liability: Restaurants that serve contaminated food may be liable under both product liability and negligence theories
Tracing Contamination to the Source
Proving which food product caused an illness is a critical challenge. Our attorneys work with epidemiologists and public health investigators to establish causation:
- Stool culture testing: Laboratory identification of the specific pathogen causing the illness
- PulseNet database: The CDC’s national laboratory network that matches illness patterns to specific contamination outbreaks
- Traceback investigation: Following the food supply chain from the victim’s meal back to the source farm, processing plant, or distributor
- Health department records: Inspection reports, violation histories, and complaint records for restaurants and food facilities
Damages in Food Contamination Cases
Serious foodborne illness cases can result in substantial damages including medical expenses (hospitalization, dialysis for kidney failure, long-term treatment), lost wages and earning capacity, pain and suffering, permanent organ damage, wrongful death, and emotional distress. Under Georgia’s comparative fault rule (O.C.G.A. § 51-12-33), recovery is available if less than 50% at fault. South Carolina’s threshold is 51%.
Filing Deadlines
Georgia allows 2 years from the date of injury (O.C.G.A. § 9-3-33). South Carolina allows 3 years (S.C. Code § 15-3-530). Report your illness to your local health department and seek medical attention immediately — stool culture testing is critical evidence that must be obtained while you are symptomatic.
