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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Strict Product Liability in Food – Food Manufacturers are a lot like the Black Knight

Under the new rule of strict liability, to hold a food manufacturer liable, a person injured while using a food product need only show that: (1) the food product was defective; (2) it was used as intended; and (3) the defect caused the injury. The care used in the manufacture of the food product is irrelevant to the determination of liability. The only issue in a food product liability case is the defectiveness of the food product, not the manufacturer’s conduct in somehow allowing the defect to arise. As a result, proof of negligence is not required to recover damages.

So goes the Black Knight:

As I tell my friends in the food industry – “Prevention is the only Protection.”  So says William, lawyer in Seattle.

  • Ken Bookmyer

    What’s new about strict liability? I think it would be a better time to remind processors that a COA from the supplier of pepper or HVP does nothing to change strict liability. Your legal obligation is to seek and collect damages from all parties in the chain not to determine who was most negligent.
    Of course that may just be because I just watched Monty Python on dish and I’ve always been disappointed that the Black Knight couldn’t carry on the fight with those paltry scatches.
    ken