Personal Injury Law

Food Poisoning: Making it's mark on the masses

By Megan Roth

I know most InjuryBoard readers probably follow the news on a daily basis. So you're probably already one step ahead of this post because you're aware of the mass food poisoning that's taken 81 students by storm in China.

Though there hasn't been much information released yet concerning how serious the affects are and what caused the illness, I find it particularly interesting (and relevant) considering the articles we've been writing.

I know food poisoning strikes individuals around the world on a daily basis, but this is slightly more severe than the standard food-borne illness. This isn't one individual who ate an undercooked cheeseburger; this is 81 students who ate in the school canteen (what' worse is that the Chinese school isn't alone. On Tuesday the AP reported two students dead and 28 others ill from food poisoning at a different Chinese school and on Friday The Hindu published an article about 40 Indian students who were hospitalized for food poisoning). And don't be fooled into thinking this only happens overseas; the U.S. is just as susceptible as the next country. In fact, just a few weeks ago there were 70 students, parents, and supporters who fell ill after a team dinner.

Evidently, such situations are more common than most of us are aware. In September I wrote how schools should be a safe haven for students, no matter what the level of education or what type of activity may be occuring. Parents and students shouldn't have to worry that they'll sustain an injury or fall ill in result of an on-campus activity.

Which is the situation we have here. Story goes the vocational school in Northwest China was celebrating its 35th anniversary; in lui of the event, they offered all students a free lunch consisting of rice, chicken legg, egg, and bean curd with fried pork.

Now, the intentions were good and I'm certain the administration went out of their way to make the anniversary a memorable affair; however, the fact remains the school was responsible for providing the students with food that made them sick.

Granted, we don't know which particular food it was that caused the illnesses (health officials are currently investigating, but I have money on the bean curd and pork...), but regardless - the school was responsible. They provided the food, thus providing the illness. So does that mean they're liable for any and all medical expenses those 81 students incur?

It's important that the school does accept responsiblity, even in the event that it wasn't their staff who actually prepared the food. Take, for example, the Manila food poisoning incident that occured in September. After eating in the school canteen, 112 students fell ill enough to require hospitalization. Seems likely it was the result of something those 112 students ate, don't you think? The Department of Education certainly did. They immediately began an investigation into the incident and began evaluating the food that was served.

The school's principal accepted full responsibility for the situation and offered round-the-clock physical support for the students and parents (meaning they had school faculty and supporters actually present at the hospital, waiting on the patients' beck-and-call). In addition, the school picked up all of the expenses for the hospitalizations and made every effort to assist both the affected families and the Health inspection officials in the most efficient manner possible.

Now, if you ask me, this school handled things right. They accepted responsibility for the situation and did more than just issue a check to resolve it. Yes, they were there for their students financially, but they were also there physically and emotionally - and in terms of making students feel safe, isn't that what matters most?

Full post as published by Des Moines Personal Injury Lawyer on November 09, 2008 (boomark / email).