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.

Tragic Accident Near Glen Avon Claims The Lives of Two Children

After a tire apparently blew out, an SUV carrying eight passengers rolled several times on the eastbound lanes of Highway 60 in Glen Avon yesterday morning.  Citing official CHP sources, the Press Enterprise reported that the majority of the passengers were not properly seatbelted at the time of accident.  The passengers were apparently coming from Los Angeles and heading to a Fourth of July outing at Lake Perris in Riverside County.  The early investigation showed the vehicle, a Mitsubishi Montero, rolled at about 9:45 a.m. after an apparent tire blowout near Pyrite Street.  The vehicle was reportedly carrying three adults and five children.  Two of the children, ages 6 and 14, were pronounced dead at the scene, and the remaining six victims were transported to local hospitals for treatment of injuries ranging from minor to severe.

See the Press Enterprise story HERE.

This tragic accident is still under investigation by the CHP, and it is far too early to identify a definitive cause.  However, it appears witnesses reported a tire on the Montero blew out before the rollover accident.   Assuming this to be true, it will be important for those investigating the accident to determine whether the blowout resulted from striking an object in the road, a product defect in the tire,  inadequate tire pressure or a combination of some or all of these factors.  Additionally, the driver's reaction to the sudden deflation of the tire will determine whether human error contributed to the severity of the accident.  Important elements of accident reconstruction and human factors will need to be evaluated in order to best determine how and why this horrific accident occurred.

Compensation for victims of accidents caused by a defective product, should be an important concern for all Californians.  When a consumer is injured or killed because of an unsafe product, including a vehicle tire, the manufacturer should be held accountable.  An Orange County product liability lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been injured in an accident involving the failure of a defective product?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  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.

Tire Blow Out Apparently Causes Fatal Accident

A roll-over accident killed two Nevada women yesterday along Interstate 15 in the Mojave Desert town of Baker.  According to the Press Enterprise, citing official sources, the accident happened at approximately 11:30 a.m. in the town located midway between Barstow and Nevada.  The driver of the SUV involved, 37 year-old Claudia Qeuzada, and the rear seat passenger, 20-year-old Blanca Valenzuela, were pronounced dead at the scene, along the interstate's southbound lanes near Halloran Springs Road.  Other occupants of the vehicle were hospitalized after the crash.  According to witnesses, it appeared that the right rear tire blew, causing the SUV to veer off the roadway and roll multiple times.  The California Highway Patrol is still investigating the precise cause of the accident.

See the Press Enterprise story HERE.

Assuming that the witness reports are correct and the rear tire blew out just before the accident, it could be that this occurred because of a defect in the manufacture or design of the tire.  If there was a tread separation and blow out, then this accident may have caused, at least in part, by a dangerously defect product.  Other causes of a tire blow out include low air pressure which can cause the sidewall to split or striking an object in the roadway, which can lead to a weakened, bubbled area in the sidewall that will eventually fail.  In addition to these factors, the speed of the vehicle and the reaction of the driver must be taken into account.  Given the severity of this accident and the tragic consequences, it is likely the CHP's Multidisciplinary Accident Investigation Team (MAIT) will likely due a full investigation, which will include, among other things, a physical evidence analysis and mechanical inspection in order to determine the cause of the accident.

Compensation for victims of accidents caused by a defective product, should be an important concern for all Californians.  When a consumer is injured or killed through no fault of his own because of a product defect, the manufacturer should be held accountable.  An Orange County product liability lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an accident involving the failure of a defective product?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  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.