The Daily Hearald is reporting that seventy people who say they became ill last year after eating at a Lombard Illinois Subway filed suit Monday against the restaurant chain.
The complaint filed in DuPage County accuses the Subway at 1009 E. Roosevelt Road of strict product liability, negligence and breach of warranty in connection with a food poisoning outbreak in late February 2010. Health officials at the time said they confirmed more than 120 cases of shigella associated with the outbreak, which closed the restaurant for more than six weeks.
Shigellosis is an infectious disease caused by a group of bacteria called Shigella. Most Shigella infections are the result of the bacterium passing from stools or soiled fingers of one person to the mouth of another person. This happens when basic hygiene and handwashing habits are inadequate. It is particularly likely to occur among toddlers who are not fully toilet-trained. Shigella infections may be acquired from eating contaminated food. Contaminated food usually looks and smells normal. Food may become contaminated by infected food handlers who forget to wash their hands with soap after using the bathroom.
Most who are infected with Shigella develop diarrhea, fever, and stomach cramps starting a day or two after they are exposed to the bacteria. The diarrhea is often bloody. Shigellosis usually resolves in 5 to 7 days. Persons with shigellosis in the United States rarely require hospitalization. A severe infection with high fever may be associated with seizures in children less than 2 years old. Some persons who are infected may have no symptoms at all, but may still pass the Shigella bacteria to others.
Strict liability is a claim that is different than ordinary negligence. Strict liability means the restaurant is liable whether or not it was negligent. This claim was likely chosen because of the way Shigellosis is pass – improper hand washing. There can be little excuse as to why a food handler would not wash their hands. Look for this case to settle quickly.
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