In late 2014, a woman in Sacramento brought suit against the makers of a brand of caramel apples, as well as the store that sold the apples, after she was hospitalized for a month with listeria poisoning.
The woman was hospitalized on November 8, 2014. After learning of the poisoning, the apples’ maker did not recall the product until December 22. According to the woman bringing the suit, the maker of the caramel apples only recalled its products after the Food and Drug Administration inspected one of its facilities and found it riddled with listeria.
The woman’s poisoning was so severe that doctors had to perform a spinal tap to diagnose her. In addition to her month-long hospital stay, she was forced to be quarantined in an isolation room.
The woman and her husband have brought a suit claiming negligence, breach of warranty, product liability, pain and suffering, and loss of consortium. Although the woman has since been released from the hospital, she and her husband continue to struggle with her day-to-day health.
When a product causes harm, as it did in this case, any number of entities involved in that product’s inception can be sued under a theory called products liability.
The entities include:
- Manufacturer
- Assembling manufacturer
- Wholesaler
- Distributor
- Retail store owner
Products liability is the overarching legal theory used when a product is defective and causes harm. In reality, there are three different ways an individual can sue under this theory: negligence, strict liability, or breach of warranty of fitness.
Additionally, it must be proven that the product is defective. As is the theme throughout products liability, there are various ways of proving that a product is defective. They are design defects, manufacturing defects, and marketing defects.
Products liability is a complex area of the law, and having an attorney experienced in this area is key in bringing a successful case against any of those involved in the creation, distribution, or selling of the defective product.
The Las Vegas product liability attorneys at Bertoldo Carter Smith & Cullen have been handling these types of cases for many years. We have garnered successful jury verdicts and lucrative settlements for our clients. We handle each client’s case with compassion and care, and are not intimidated by large corporations or their insurance companies.
