There appears to be a great deal of interest in lawsuits relating to the recent Salmonella outbreak involving tomatoes and other vegetables. However, there is not much known at this point to help evaluate whether there will be or should be significant personal injury litigation arising from this situation. As with any public health issue, a number of questions need to be asked.

Why did the Salmonella outbreak occur?

Did individuals or corporations do something careless that led to Salmonella infected tomatoes and produce?

Did individuals or corporations fail to do something they should have done to prevent Salmonella from infecting produce, such as tomatoes?

If individuals or corporations did something careless or failed to do something necessary to protect the public health, what was the reason for their conduct?

Obviously, Salmonella is a serious public health issue, particularly for the elderly and small children. When someone becomes ill as a result of Salmonella poisoning, the most important thing is to get the person to a qualified medical professional for immediate treatment. Once everything has been done to protect the health of the victim, family members should try to gather the following important information:

1. Identify the product that the Salmonella came from (tomatoes, canned food, etc.)
2. Identify the store, farmer’s market, or individual from whom the product was purchased.
3. Try to identify where the store, farmer’s market or individual obtained the produce that they sold.
4. Notify public health authorities of the information you have obtained.
5. Contact a lawyer for advice on what to do next.

Not every public health issue results in litigation or even should result in litigation. The most critical issue is to attend to the medical needs of the person who suffered. Only after we know where the tainted food came from can we begin to investigate whether the Salmonella is a result of negligence or a result of uncontrollable environmental factors.  To determine if litigation is appropriate, it is essential to gather as much information as possible as quickly as possible. Without information about the source of the Salmonella tainted food, litigation is not an alternative.