In 1905, Upton Sinclair wrote The Jungle, a book that exposed working conditions in American’s meat plants. As a result, lawmakers passed legislature regulating how food is made. As Sinclair put it: “”I aimed at the public’s heart, and by accident I hit it in the stomach.” Although The Jungle is now over a century old, it is still a reminder that the institutions Americans rely on to make its food still need to be held accountable when they fail to properly handle the food they sell to the public.
Toward the end of September 2024, Clarissa DeBock ate a Quarter Pounder at her local McDonald’s in North Platte, Nebraska with her fiancé and her young son Kai. DeBock went to the emergency room on September 25 after suffering abdominal cramps, diarrhea, and nausea. DeBock tested positive for 0157:H7 – a strain of E. Coli. The CDC has identified 49 cases across 10 states between September 27, 2024, to October 11, 2024. One person has died from an E. Coli infection.
McDonald’s stated that slivered onions served in Quarter Pounders were responsible for the outbreak. Taylor Farms, one of McDonald’s suppliers, had provided the onions. Taylor Farms has since started a recall of its onions. McDonald’s has paused the use of silvered onions and taken the Quarter Pounder from its menu for the affected restaurants for the time being. Other McDonald’s stores that do not use Taylor Farms as their supplier will continue to sell Quarter Pounders.
DeBock filed a lawsuit against McDonald’s in mid-October 2024 and a Colorado man filed a similar lawsuit the day before.
The general rule for product liability in many states is strict liability. This means that everyone involved in the chain of commerce can be held liable for any defects with the product. Although Taylor Farms was the supplier in the chain, McDonald’s was also the salesman for the onions. Everyone who participated in the chain can be held liable for the illnesses, though depending on the jurisdiction, McDonald’s and Taylor Farms may have varying levels of responsibility.
In a comparative fault state like California, the jury assigns a percentage of fault to each party. A jury could determine that McDonald’s and Taylor Farms were 50% fault each, Taylor Farms was 99% and McDonald’s 1% fault, vice versa, or any combination in between. It is very unlikely that any of the consumers who ate allegedly E. Coli infected onions would be found to be at fault, but the consumer may also be assigned fault in other cases. For instance, a customer who eats a paper bag or throws hot coffee at another customer would also have a certain percentage of fault for causing any injuries because of their conduct.
In contrast, a state like Nebraska that uses modified comparative negligence would only assign liability if that liability is at least 50%. A plaintiff in a negligence action may recover damages if the plaintiff’s negligence is not greater than that of the combined defendants. DeBock and others are unlikely to be assigned any fault because she simply purchased the Quarter Pounder and ate it, the same as any other customer. However, if DeBock had modified the burger in anyway, the jury could be asked to determine if DeBock was in anyway responsible for her own illness. If the jury determined that DeBock’s liability was at least 50%, she would not recover anything.
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