Rosenbaum & Rosenbaum, P.C. | November 13, 2012 | Products Liability
In preparing meals for their children, parents are typically concerned about whether there is enough nutrition in the meals and whether their children have had enough to eat. People often take for granted the food safety of their meals. Unfortunately, there are risks of outbreaks and contamination. Recently, a company recalled its product after it became aware of the possible dangerous product.
Wegmans Food Markets has recalled over 30,000 pounds of its organic spinach and spring mix product after more than 15 reports of illnesses in New York. According to the Food and Drug Administration, the company became aware of a possible E.coli outbreak, which was sold in New York and five other states. The FDA announced it is working closely with New York state officials including the New York State Department of Health. Some symptoms resulting from exposure to E.coli include cramping and diarrhea. Wegmans Food Markets has removed the possible dangerous product from stores and called customers at certain supermarket chains who may be using the product.
If individuals, or their loved ones, have suffered due to food poisoning or other defective products, they may seek a product liability claim. An individual may receive damages from the manufacturer and seller of the product based on one or more different legal theories, including: strict liability, negligence and breach of warranty.
The most common legal theory used is strict liability. In a strict liability claim, the plaintiff must prove that, as a consumer, the product contained an unreasonably dangerous defect, which resulted in an injury to the consumer when the consumer was using the product in the way it was supposed to be used and the product was not substantially altered from when it was sold to the consumer.
All parents want to provide their children with safe and healthy foods. However, sometimes these products can contain dangerous defects; parents should be aware of recalls and seek possible remedies if they or their loved ones suffer as a result of consuming a product.
Source: The Examiner, “Wegmans recalls spinach linked to New York E. coli outbreak,” Robert Herriman, Nov. 3, 2012