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Legal Responsibility For Food Poisoning

By Amy E. Feldman

PHILADELPHIA (CBS) - In what may go down as the tamest possible way to cause a mass disaster, one person died and dozens of others were sickened by what Ohio health officials now believe was botulism caused by homemade potato salad at a church picnic.

With barbeque and picnic season, not to mention prime time for church functions, upon us, of course thoughts turn to whom we can sue. If you go to a pot luck, can you sue if you're sickened by the coleslaw you know sat out for hours?

The answer is that you can, but not easily and not amicably. Because while restaurants and stores that sell tainted products have what's called strict liability - they sell a product that's harmful, they're almost always obligated to pay - a casual get together raises some legal barriers.

First is proving what it was that caused the harm when you might not feel sick for hours after the trash has been cleared. If you can prove the cause, you also need to prove that the person who brought the food had a duty to protect your health - when you're equally aware it's a hot day for that mayo to sit out - and that she breached it in a way that caused you compensable harm when it can be hard to value the pain of a tummy ache.

Finally is the problem with worshipping next to the very people you're praying for monetary relief in court against. Best bet, if it smells funny, just say 'thanks, but I'm full'.

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