美国消费者是如何使生产者负起责任的：从美国市场上民事诉讼中得到的教训.pdfVIP

China International Food Safety Quality Conference + Expo 2008 Real Events Happening Daily to Real People 76 million cases of foodborne76 million cases of foodborne illness annuallyillness annuallyillness annuallyillness annually1111 325,000 hospitalizations325,000 hospitalizations 5,000 deaths5,000 deaths Medical costsMedical costsMedical costsMedical costs,, productivity productivity productivity productivity losses, costs of prematurelosses, costs of premature death costs 6.9 billion dollarsdeath costs 6.9 billion dollars a yeara year22 1Mead PS,Mead PS, et al.,et al., FoodFood-related illness and death in the United States,related illness and death in the United States, Emerg Infect Dis. 5:607-614. 1999. 2 Buzby, et al. Product Liability and Microbial Foodborne Illness (2001)ERS Agricultural Economic Report No. 799. China International Food Safety Quality Conference + Expo 2008 Civil Litigation – A Tort – How it Really Works Strict liability It is their fault – Period! Neggliggence Did they act reasonably? Punitive damagesPunitive damages Did they act with conscious disregard of a known safety risk?of a known safety risk? China International Food Safety Quality Conference + Expo 2008 Strict Liability for Food – a Bit(e) of History ““…… a manufacturer of a food producta manufacturer of a food product under modern conditions impliedly warrants his ggoods… and that warranty is available to all who may be damaged by reason of its use in the legitimate channels of trade…” Mazetti v. Armour Co., 75 Wash. 622 (1913) China International Food Safety Quality Conference + Expo 2008 Who is a Manufacturer? A “manufacturer” isA “manufacturer” is defined as adefined as adefined as adef