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Food Handling General Discussion General and open discussion for food handling and safety.


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Old 07-13-2018, 09:38 PM   #1
poorolddan
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Default BBQ Caterer getting sued on Good Morning America

I didn't see a lot it but a NY cook is/was being sued because lots of people got sick at a wedding reception. Anyone know the story?
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Old 07-14-2018, 12:48 AM   #2
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http://wcti12.com/news/nation-world/...ption-got-sick

I think this is what your talking about. Pretty hard to prove. Hope he has good insurance. Probably ruins his business regardless.
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Old 07-14-2018, 06:53 AM   #3
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Gotta take and record temps.3hrs between consumption and getting sick is really short, but he can't prove he did things right.
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Old 07-14-2018, 08:00 AM   #4
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That type of food poisoning is fast acting, a type of staph basically and you get sick from it's toxins. It also doesn't cause an off taste. Toxins produced also aren't necessarily killed by reheating.

Regarding the lawsuit, the caterers lawyers would have to prove they followed food safety rules first and foremost. Then they would likely have to try and establish where contamination took place. It's usually introduced by person to food contact, so maybe they could present enough doubt as to whether it was an employee or guest. Kind of a Longshot
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Old 07-14-2018, 05:46 PM   #5
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Quote:
Originally Posted by highergr0und View Post
That type of food poisoning is fast acting, a type of staph basically and you get sick from it's toxins. It also doesn't cause an off taste. Toxins produced also aren't necessarily killed by reheating.

Regarding the lawsuit, the caterers lawyers would have to prove they followed food safety rules first and foremost. Then they would likely have to try and establish where contamination took place. It's usually introduced by person to food contact, so maybe they could present enough doubt as to whether it was an employee or guest. Kind of a Longshot

I would think either direction would be tough to prove three years after the fact. Hopefully the caterer maintains good records and didn't throw them away.
Food poisoning can present as early as 20 minutes after a meal, depending on the type of infection.
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Old 07-15-2018, 12:26 PM   #6
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Another Article


https://www.syracuse.com/news/index....ently_ill.html
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Old 07-16-2018, 11:38 AM   #7
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I didn't see anywhere that the patients vomit or diarrhea had been tested for the toxins. If they didn't test, there's no way to prove it was the caterer, in fact, no way to prove it was a food borne illness either. 'Coincidence' does not hold up in court.

Just read the second article: The patients were tested, but the caters food was not. Cater should win this one.
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Old 07-17-2018, 08:28 AM   #8
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The caterer may win the case, but with what great legal expenses?


I agree that others bringing food to the event is a contributory negligence, however most caterers do not allow others to bring and serve outside items, whether it be foods or beverages. This is even stated in most catering contracts.
(This is the reason most caterers do not sell food by the pan, they lose all control over temperature and sanitary conditions)



Although all the articles I have read give us little bits and pieces, one of the areas of concern is where the vendor refused to give requested samples to the health department in a timely manner.


Then you have an issue where some states do not elect judges, but rather politically appoint them; then you can have an inexperienced judge in law who has their own interpretation or opinion of the law to deal with. Some of these appointed judges do not know the specific area of law and will make decisions based on personal opinions. You can pay your lawyers to take it to the higher courts for a ruling, but again with great expense.


The bottom line is that even if he wins, his business will always carry the stigma of the guy who made everybody sick.


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Old 07-17-2018, 01:31 PM   #9
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Quote:
Originally Posted by IamMadMan View Post
The caterer may win the case, but with what great legal expenses?


I agree that others bringing food to the event is a contributory negligence, however most caterers do not allow others to bring and serve outside items, whether it be foods or beverages. This is even stated in most catering contracts.
(This is the reason most caterers do not sell food by the pan, they lose all control over temperature and sanitary conditions)



Although all the articles I have read give us little bits and pieces, one of the areas of concern is where the vendor refused to give requested samples to the health department in a timely manner.


Then you have an issue where some states do not elect judges, but rather politically appoint them; then you can have an inexperienced judge in law who has their own interpretation or opinion of the law to deal with. Some of these appointed judges do not know the specific area of law and will make decisions based on personal opinions. You can pay your lawyers to take it to the higher courts for a ruling, but again with great expense.


The bottom line is that even if he wins, his business will always carry the stigma of the guy who made everybody sick.


.
I didn't notice that part

Totally agree. Guy is changing his name as we speak!
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