Product Liability: Responsibility of a Company for the Injuries Its Product Has Caused

Recently, multinational food company Nestle announced a recall on its refrigerated cookie dough products called Toll House after the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDCP) warned that these were linked to E. coli bacteria outbreak.

Since March, 66 people across the US have been reported to have experienced abdominal cramping, severe diarrhea, and vomiting, all symptoms of E. coli contamination, according to FDA.

Report said that almost all victims have eaten the raw cookie dough. And while baking or cooking can eliminate the E. coli bacteria, the FDA said the products should be thrown away since it can contaminate kitchen utensils and surfaces.

While there has been no fatality yet, experts warn that the bacteria may be serious for people with weak immunity or those with underlying illnesses.

Meanwhile, all the varieties of Toll House refrigerated cookie dough are included in the recall such as Ultimates Cookie Bar Dough, Limited Edition Cookie Dough, Cookie Dough Tub, Cookie Bar Dough, and Seasonal Cookie Dough.

Product Liability

According to Los Angeles consumer product injury lawyers, Nestle is liable for all the injuries its products have caused. This means that the company should pay for the hospital expenses and loss of wages of people who have eaten the contaminated raw cookie dough.

To better understand product liability law, here are some basic information:

• Under consumer protection law, manufacturers, suppliers, distributors, retailers, and wholesalers should only provide safe products to the public. Failing to do so will make it liable for all the injuries caused by the defective products.

• Consumers can file product liability claims if there is a manufacturing defect, defective design, and improper labeling.

• To recover damages from their injuries, consumers should prove that the company has a legal duty to provide safe products; there is a breach of duty; and the injuries are caused by the negligent company.

• Consumers can recover economic damages (e.g. hospital expenses, loss of wage, diminished or complete loss of earning capacity, disability) and non-economic damages (e.g. pain and suffering) after filing personal injury claims.

• In some cases, a court may award punitive damages to the injured party. This kind of compensation is not for the victim’s injury but to deter companies from being negligent. Usually, punitive damages are more than the real damages caused by the defective product.

• Contributory negligence occurs when consumers contributed for their own injuries. This means that a person may not recover claims or receive less compensation than the real damages if it is proven that he contributed to his injuries.

• When a person dies after using a defective product, his surviving relatives can file wrongful death claims against the company to recover economic and non-economic damages.

Our Los Angeles consumer product injury lawyers are experienced in handling cases involving product liability. For consultation, visit our website at http://www.mesrianilaw.com/Products-Liability-Claim.html and avail of our free case consultation.