Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

“Secrecy, Costs, Criminals and Claimants”

PCA – Poisoning People and Criminal Acts

Pot Pies and Hamburgers -and Consumer Responsibility

Third-party fault? Is it wise to sue the

customer?

Foodborne Illness Costs

Cost to consumers

Costs to businesses

Settlement Secrecy – is it Bad for the Industry?

Most settlements the defendant wants secrecy – Why?

- Embarrassed they paid too much?

- To discourage other claims?

“How to Handle the Onslaught – When Strict Liability Strikes”

Preventing It The First Place – Elevate Food Safety

Invite in the regulators

Be an industry leader

It limits the chance of it happening and avoids the likelihood of a denial of coverage and punitive damages

Preparing for the Siege

Have a recall plan

PR plan

Litigation plan

Settlement plan

Experts Spokespeople

in place Government

contacts

When they Come Over the Wall – Playing Defense Offensively

Paying medicals on legitimate claims

Wage loss on legitimate claims

Fighting to the death on the others

Questions

For More Information…

Bill Marler

Marler Clark, The Food Safety Law Firm

1301 2nd Avenue

Suite 2800

Seattle, WA 98101

1-866-770-2032