This paper provides a comprehensive analysis of the critical and evolving intersection between microbiology and product liability law. Microbial contamination, whether intentional or accidental, presents a significant risk across numerous industries, including food and beverage, pharmaceuticals, medical devices, and cosmetics. When products contaminated with pathogenic or spoilage microorganisms cause harm to consumers, they trigger complex legal disputes grounded in product liability theories: negligence, strict liability, and breach of warranty. Through an examination of landmark and contemporary case studies, this review illustrates how scientific evidence from microbiology is paramount in establishing causation, defect, and foreseeability—the core pillars of liability. Cases involving Listeria monocytogenes in ready-to-eat foods, Escherichia coli O157:H7 in fresh produce, and biofilm-forming bacteria on medical implants are dissected to demonstrate the legal challenges and strategies employed. Furthermore, this paper explores the legal implications of emerging microbiological technologies, such as the use of whole-genome sequencing (WGS) for traceback investigations and the liability landscape surrounding probiotics and microbiome-based products. The analysis concludes that effective mitigation of liability risk is inherently dependent on a robust scientific understanding of microbial ecology, pathogenesis, and spoilage mechanisms. It argues for a proactive, prevention-oriented approach, where stringent microbiological quality control, hazard analysis, and clear warning labels are not just regulatory obligations but essential legal safeguards for manufacturers.
Nwakoby et al. (Sun,) studied this question.