Rosenbaum & Rosenbaum, P.C. | April 26, 2013 | Products Liability
With people living longer than they ever have, many individuals are seeking out the healthiest foods and drinks. Unfortunately, some of these items may contain chemicals that may cause the item to be a defective product. Recently, an organic drink has been recalled due to a possible outbreak of a mold.
A large grocery chain, which has over 80 stores in the United States, has recalled an organic juice. Wegmans Food Markets Inc, which is headquartered in New York, has voluntarily recalled organic apple and cranberry juice. The chain recalled the products after learning from the chain’s supplier that the product contains higher levels of Patulin than that allowed by the U.S. Food and Drug Administration. There have been no reports of any consumers getting sick from the juices.
If an individual or their loved one is harmed after consuming a food product, they may have a claim against the manufacturer, seller or retailer. Depending on the circumstances, a product liability claim may be brought based on strict liability, negligence, breach of warranty or a combination of these theories. The most common product liability claim is strict liability. The person injured or their loved one must prove that the defendant was negligent, and this negligence resulted in their injuries.
We all have taken for granted the safety of the fruits and vegetables we purchase at our grocery stores. Sometimes, the items we think are safe may actually be dangerous or defective products, so individuals should be aware of the possible risks when purchasing groceries.
Source: Food Safety News, “Organic Juice Recalls Offers Lesson About Mycotoxins,” News Desk, April 15, 2013