Is a Grocery Store Responsible for a Food Product Injury?
Whenever a particular grocery item is recalled due to contamination, consumers need to be informed about the potential threat. You may hear about the product recall on the news, but not every consumer may not see the news segment that covers a particular recall. Instead, stores might be partially responsible for personal injuries resulting from the consumption of recalled products if they don't adequately warn consumers.
Contaminated Grocery Items Can Be Very Dangerous
A contaminated grocery item can cause serious injuries to those who consume the grocery product. For example, a common situation is when a grocery item is contaminated with salmonella and leads to food poisoning. In some cases, injuries resulting from a contaminated grocery item can be a justification for a personal injury claim or a wrongful death claim against the grocery store if it failed to adequately warn you about the danger.
You Must Consume the Item to Make a Claim
To have a personal injury claim, you must have not only discovered a problem with the product, but you must have also consumed it. For example, if you discovered metal shavings in your turkey, you could make a claim if you consumed the shavings and suffered an injury that would lead to medical bills, pain, and suffering.
If the food product required surgery to remove an object, this would be enough evidence to prove that the product caused the injury. Otherwise, you may need a stool sample to prove that the food product caused your injury.
Some Products Aren't Properly Pulled Off Shelves
When a product is recalled, it must be pulled from the shelves. However, there are many grocery stores that fail to pull recalled items. If you are injured as a result of an item that should have been recalled, you may have a case. Also, for items that you have already purchased, the grocery store should take steps to warn you about the contamination.
Because of the research necessary to prove that the grocery item caused your injury, you'll need to work with a personal injury lawyer who can assist you in conducting research, building your case and determining who is liable. Making a mistake at any point in the process may reduce your odds of seeking a settlement. If you choose to take the case to court, you'll be less likely to win. Oftentimes, a plaintiff will dispose of evidence without realizing it and will not be able to prove fault.