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Joseph Bottiglieri Speaks on Food Safety Claims
December 6, 2011

Joseph Bottiglieri, a partner at Kiernan Trebach, spoke recently at a Strafford live phone/web seminar entitled "Food Safety Claims: Products Liability Issues" .

The CDC estimates in the U.S. that there are over 48 million cases of foodborne illnesses each year. Jury verdicts can reach millions of dollars and often garner media attention. Whether bringing or defending a food safety claim, success hinges upon mastering the standards unique to these cases.

Foodborne illness liability requires the establishment of fault and causation by the plaintiff. Both plaintiff and defense counsel must understand the scientific link between the foodborne illness, the alleged harm to a plaintiff, and the defendant's product to prove or defend against such suits.

In food safety litigation, counsel must also understand how to assess damages. The financial liability of all parties involved, the anticipation of plaintiffs' future medical costs, and defendants' insurance coverage all play a key role in determining damages.

Mr. Bottiglieri and his fellow panelists provided product liability defense and plaintiff counsel with a review of the legal issues particular to foodborne illness litigation and  discussed the definition of standards for fault, causation and damages.

They offered their perspectives and guidance on these and other critical questions:

  • What are the standards for liability and which defendants are held to each standard in food safety litigation?
  • How does available insurance coverage influence how counsel approaches the legal issues involved?
  • What is the role of expert witnesses in establishing causation and determining damages?

After the presentation, they engaged in a live question and answer session with participants — answering questions about these important issues directly.

For more information contact Mr. Bottiglieri at, or at (202) 712-7000.

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