Tainted Food - What You Should Know

Reports of tainted restaurant food are splashed in the mass media from time to time and those reports always raise the issue of food safety in this "fast food" world.  Once the problem has been brought to light and remedial action taken, there is again a lack of public interest.  But if you are the victim of tainted food and have been personally injured, you should know your rights and what steps you should take to protect those rights.

According to the Centers for Disease Control and Prevention, each year, 1 in 6 Americans (or 48 million people) gets sick from and 3,000 die of foodborne diseases.  (See the CDC's official website)  The prevalence of this problem is likely unsettling to anyone reading those numbers.  Putting aside the large scale outbreaks caused by manufacturing or processing negligence, there are often isolated incidents in which a consumer is harmed by tainted food.  For example, there have been reports ranging from large bones being left in a chicken enchilada to a condom being found in clam chowder.  When food is tainted, those selling it to the public may be liable for all of the resulting injuries and damages.

Under California law, if the injury-producing substance is natural to the preparation of the food served, it can be said that it was reasonably expected by its very nature, and the seller may only be liable if negligence in the preparation can be shown.  However, if the injury-causing substance is foreign to the food served, then the seller may be strictly (automatically) liable for the incident.  In those circumstances, the judge or jury will decide whether the substance (1) could be reasonably expected by the average consumer and (2) if it rendered the food unfit or defective.  Because the precise nature of the defect is important in the determination of liability, it is imperative that the victim document the event as best they can, with photographs and by maintaining any uneaten portion of the food.  Additionally, it is important to report the tainted food to the seller and the appropriate health agency as soon as possible.

Compensation for the victims of dangerously defective products, including tainted food, should be an important concern for all Californians.  When an unsafe product, such as dangerous food, causes severe injuries or death, the seller should be held accountable for the injuries and damages they have caused.  An Orange County product liability attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has 20 years of experience handling personal injury and product liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured by tainted food?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.