Journal
JOURNAL OF CONSUMER AFFAIRS
Volume 36, Issue 2, Pages 220-238Publisher
AMER COUNCIL CONSUMER INTEREST
DOI: 10.1111/j.1745-6606.2002.tb00431.x
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A study of food poisoning jury verdicts in 32 states (1988-1997) revealed that plaintiffs won awards in food poisoning jury trials 31% of the time, and received a median award of $25,560. Multivariate analyses were performed to examine the effects of various factors on food poisoning jury verdicts and on the size of the award. The odds of a plaintiff victory increased if a foodborne pathogen or illness was specified, and decreased if defendants had deep pockets or used medical expert testimony. Illnesses involving hospitalization, death, or chronic complications received higher awards than other illnesses.
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