San Francisco Injury Lawyer Blog
Consumers expect a certain level of safety when they purchase food products. However, many Americans suffer adverse effects to food that is improperly manufactured, packaged, transported and/or stored. The Brod Law Firm believes California residents should be able to trust the safety of products sold and used by residents of The Golden State. As a products liability law firm, we help consumers injured by defective products recover compensation through individual lawsuits.
Baby Food Recalled Due to Manufacturing Defect
ABC7 News covered a story on the recall of baby food products due to a manufacturing defect. Plum Organics, an organic baby food manufacturer and supplier, recalled the products once Plum Organics determined that potential spoilage associated with a manufacturing defect may cause some containers to swell. A manufacturing defect is an irregularity created during the assembly of the product that differs from the product’s specification. Plum Organics stated products with a “Best Buy” date ranging from August 5 to December 8, 2014 have been recalled. The company warned parents to not feed their child any of these products. Consumers who consume the product may experience gastrointestinal issues, including nausea and diarrhea. So what should you do if your child has already consumed the baby food and was injured? Is it possible for you to sue and seek damages? Well, you may be able to bring a defective products claim.
Products Liability Lawsuit in California
A defective food products lawsuit falls under the category of law called products liability. A defective product is any product that causes a person to be injured due to a design defect, manufacturing defect or faulty label. A design defect is inherent defect in the actual design of the product itself. A manufacturing defect is an unintended defect that departs from its intended design specifications. A faulty label is a failure to adequately warn the consumers of the dangers.
Plaintiff’s Burden
California recognizes strict products liability. Under strict liability, the plaintiff has the burden to prove the food product contained one of the above mentioned defects. The plaintiff does not have to prove the manufacturer or supplier was not sufficiently careful. Strict liability does not require a showing of negligence or unreasonable care, like a negligence claim. An injured party can bring the suit against a defendant distributor, manufacturer or seller of the food product. Furthermore, the plaintiff must prove the product had not changed substantially since it was originally sold. Misuse of the product, or in other words use of the product in a manner inconsistent with the intended purpose will prove disfavorable to the plaintiff’s claim.
Representation for Product Liability Suit
Products liability cases can be very time and detail intensive. Each state has different rules on the statute of limitations for products liability. At Brod Law Firm, we will fight for our clients. If you or your child has been injured due defective food, a civil lawsuit can help you recover a range of damages including medical cost, and compensation for pain and suffering. Please call our firm to find out to protect your legal rights. Our San Francisco defective products lawyers can help you sort through the facts, apply the law, and win the damages you deserve.
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San Francisco-Oakland Food Safety Attorney Comments on Latest Food Recall