Understanding Liability in Food Poisoning Claims  

       The increasing cases of Salmonella in the US have triggered a egg recall from practically all corners of the country. According to the US FDA, the number of eggs recalled and destroyed increased to more than half- billion. The outbreak of salmonella has slowly come under control. Well, but what extent are the farms responsible for all that happened? Here are a few legal arguments which help determining liability.

       The increasing cases of Salmonella in the US have triggered a egg recall from practically all corners of the country. According to the US FDA, the number of eggs recalled and destroyed increased to more than half- billion. The outbreak of salmonella has slowly come under control. Well, but what extent are the farms responsible for all that happened? Here are a few legal arguments which help determining liability.

       Strict Product Liability -- There are a number of food poisoning cases that come into news. Food poisoning is assumed to be due to defective product and hence cases related to food poisoning are often classified under defective product liability claims. The theme behind such claim is that a consumer purchases a product, which be comes directly responsible for certain illness. One such example of a claim, which was in the news recently, is baby strollers. Most parents complained of injuries due to usage of some brands of strollers. Due to this many states enforced strict laws regarding product liability.

       When it comes to egg recall, the consumer is not at all required to prove negligence or carelessness of the producer. Only thing that the consumer has to prove is that they ate the eggs which were contaminated which made them sick. This can be done by informing the relevant authorities of the brand and barcode present on the egg carton. This was extremely helpful to the people since it helped them identify the eggs that caused the illness among people.

       Negligence -- To claim for negligence in making the product, the consumer needs to prove that the producer was negligent and did not adopt reasonable safety measures during the manufacture or preparation of the product. Examples of such negligent activities include unhygienic kitchen in restaurants, products stored at improper temperatures at stores, etc. Questions on such issues help in determining liability.

       Product Guarantees -- All manufacturers provide guarantee of their products. Almost all of them promote their products telling that they are safe to consume and are manufactures with special care making it free from any kind of germs or bacteria. When the consumer finds that the product doesn’t meet the standards as claimed by the company, they can claim a viable lawsuit.

 

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Understanding Liability in Food Poisoning Claims
 

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