Can you sue over E. coli without proof of the strain?

It depends on the jurisdiction and the specific circumstances of the case. In general, it may be possible to sue for damages caused by E. coli contamination even without proof of the specific strain of E. coli involved. However, the plaintiff would likely need to provide sufficient evidence to establish that the defendant was responsible for the contamination and that the plaintiff suffered damages as a result.

For example, if a plaintiff becomes ill after eating food from a particular restaurant, and laboratory testing confirms the presence of E. coli in the food, the plaintiff may be able to sue the restaurant for damages even if the specific strain of E. coli is not identified. The plaintiff would need to provide evidence that the food from the restaurant was the source of the contamination, and that the restaurant was negligent in its food handling or preparation practices.

In some jurisdictions, there may be specific laws or regulations that govern food safety and contamination, and these laws may impose certain requirements or standards on food establishments to prevent the spread of harmful bacteria like E. coli. If a food establishment violates these laws or standards, and someone becomes ill as a result, the establishment may be held liable for damages.

The plaintiff's ability to sue without proof of the strain may also depend on the legal theory or cause of action being asserted. For example, if the plaintiff is suing for negligence, they may be able to prove their case by showing that the defendant owed them a duty of care, breached that duty, and caused the plaintiff's injuries. In contrast, if the plaintiff is suing for a strict liability claim, they may not need to prove that the defendant was negligent, as they may be held liable simply for the fact that the contaminated product reached the consumer.

It is important to note that the specific laws and regulations governing food safety and the requirements for bringing a lawsuit over E. coli contamination can vary from one jurisdiction to another. Therefore, it is advisable to consult with an attorney experienced in foodborne illness litigation to determine the specific requirements and legal strategies that may be applicable to a particular case.