There have been several food contamination and food safety-related items in the news lately, including the shocking story of two Florida individuals who found a dead bat in their pre-washed salad mix package. The company that produced the product, Fresh Express, initiated a recall of packaged salads that may also be affected and began conducting tests on the package to determine if the salad mix was contaminated. According to one report, the bat was so decomposed that testing officials were unable to verify whether the bat carried rabies. This places consumers at serious risk for contracting harmful and dangerous diseases, including food-borne pathogens like salmonella and listeria. Both of these pathogens can lead to serious health consequences that often require hospitalization.
Next, Conagra Brands announced a recall of its Chili Kits after determining that the kits may contain salmonella, another harmful pathogen. For individuals with weakened immune systems like the elderly, pregnant women, and children, salmonella can have devastating consequences and even lead to death in some situations. To date, there have been no reports of salmonella-related illnesses associated with consumption of the chili kits, but the company is urging purchasers to refrain from consuming affected units.
Additionally, frozen foods manufacturer Menu Del Sol announced a recall of its bean and cheese burritos after lab tests indicated that the product tested positive for listeria. The affected units were distributed throughout California and Nevada. The company also reminded consumers to always follow cooking instructions on frozen food products. It can take as long as 70 days for symptoms associated with listeria to develop. They involve high fever, nausea, abdominal pain, diarrhea, and a severe headache, and they can require hospitalization to treat.
Finally, Trader Joe’s initiated a recall of three varieties of its applesauce, due to the potential presence of glass shards in the applesauce. According to a notice posted by the FDA, the company that produces the applesauce for Trader Joe’s received notice from customers who reported finding glass shards in the jar.
If you become ill or are injured as a result of ingesting contaminated food, you may be entitled to compensation. Food manufacturers have a duty to use reasonable care when harvesting, preparing, packaging, storing, cooking, and marketing their food products. This includes everyone from farmers to processors to servers at restaurants. Accident victims can assert a variety of claims against the potential defendants, and the requirements of each claim tend to vary from state to state.
The most commonly asserted claims include negligence and product liability, each requiring a plaintiff to prove a specific standard and supporting facts. In a negligence claim, for example, the plaintiff must prove that the defendant failed to use due care, while in a product liability claim, the plaintiff is not required to prove that the defendant’s conduct fell below the standard of care.
At Moll Law Group, our dedicated and knowledgeable team of food contamination lawyers is prepared to assist you in investigating your claim, gathering evidence, contacting witnesses, and ensuring that your legal rights are protected. We proudly represent accident victims and their families throughout the U.S., including in California, New York, Illinois, and Florida. To schedule your free consultation to discuss your potential case, call us at 312-462-1700 or contact us online.