Rosenbaum & Rosenbaum, P.C. | March 13, 2013 | Products Liability
In New York and elsewhere, individuals seek the healthiest and most natural foods available. However, sometimes the food we consume may contain defects and are considered dangerous products that could cause serious injuries. Recently, a food company has recalled one of its products.
According to the U.S. Department of Agriculture’s Food Safety and Inspection Service, a New Jersey company is recalling more than 8,000 pounds of organic chicken and apple sausage after receiving reports that the product may contain plastic pieces. The products were created at the end of January and were sold at retail stores and online. A few consumer calls to the company made the company aware of the small plastic pieces in the sausage. However, no injuries have been reported.
If an individual has been harmed as a result of a consumer product having defects, the individual may have a strict liability claim against the manufacturer or the retailer of the product. In a strict liability case, the injured, who is the plaintiff in the case, must prove that the product contained an unreasonably dangerous defect, which, in turn, caused injuries to the plaintiff while he or she was using the product in the way that it was intended to be used. The plaintiff must also prove that the product was not altered in any way from how it was originally received.
Many consumers are trying to find the best products that will make them healthier and live longer. However, even products with labels asserting nutritional health may still contain defects that may injure consumers; in these situations, a strict liability claim may provide financial compensation to the injured.
Source: CBS New York, “Recall: Applegate Organics Chicken and Apple Sausage,” Feb. 27, 2013