Our Minnesota law firm represents children sickened with E. coli infections throughout the United States.
A daycare or preschool that has been linked to an E. coli poisoning outbreak can be liable (held responsible to compensate the child for injuries) under strict liability or negligence:
- Strict Liability. With strict liability, the daycare or preschool is liable if the E. coli infection can be linked to food served to the child.
- Negligence. There are four elements of a negligence claim: 1) The preschool or daycare owed a duty to the child to provide a safe environment; 2) That duty was breached because the daycare or preschool (in general or one of its employees) failed to use reasonable care; 3) The breach caused the E. coli infection; 4) The illness caused injury that can be compensated (this element is a given in an E. coli case).
Even the touch of a hand can spread E. coli
According to Minnesota Department of Health guidelines for daycares and preschools, any child who has tested positive for E. coli O157:H7 should not be allowed to attend until two stool cultures obtained at least 24 hours apart have tested negative for E. coli O157:H7.
Research conducted by the Minnesota Department of Health has found that this measure does decrease the incidence of transmission of E. coli O157:H7 to other children.
According to the MDH, daycares and preschools should also take other precautions to prevent the spread of E. coli O157:
- Anyone changing a diaper should wash his or her hands before and after the diaper is changed and the child’s hands after the diaper is changed.
- Food preparation should be done in accordance with MDH regulations, which require food to be handled to prevent the spread of E. coli and other foodborne pathogens. Hands should be frequently washed, beef should be cooked to kill any possible E. coli, surfaces should be washed, etc. When there is an E. coli outbreak at a daycare or preschool, health officials take samples of food preparation areas, leftover food and water to determine if the children were sickened by something served to them.
- Toys should be regularly disinfected.
- Children’s hands should be washed after playing outside or near animals.
E. coli O157:H7 is potentially fatal for young children, and everything possible should be done to keep the children safe. Children with E. coli infections are at risk of developing hemolytic uremic syndrome (HUS), which is the primary cause of kidney failure in children. HUS can also cause multi-organ failure, coma, seizures, brain damage and death. We have represented children with HUS, and it is a tragic illness. These little people are often in the hospital for weeks fighting for their lives.
Daycare-and-preschool-acquired E. coli O157:H7 outbreaks are confirmed by health officials every year. The number of unrecognized day-care outbreaks in the United States may be substantial due to the lack of routine testing for this pathogen in stool cultures, the absence of public health surveillance in many regions, and incomplete follow-up of infected children.
To contact a Minnesota E. coli lawyer for a free consultation, please call 612-338-0202, call 1-888-377-8900 (toll free), email Attorney Fred Pritzker or submit our online consultation form. You will not have to pay any money up-front, and we are not paid unless you win.
Reference: Belongia EA, Osterholm MT, Soler JT, Ammend DA, Braun JE, MacDonald KL, Acute Disease Epidemiology Section, Minnesota Department of Health, Transmission of Escherichia coli O157:H7 infection in Minnesota child day-care facilities, JAMA,1993 Feb 17;269(7):883-8.
