Every day, millions of people buy store brand food products. We trust that these products were made carefully and attentively, such that we can enjoy our food without fear that it has been contaminated in some way. Failure by food companies to keep our food products safe and edible could result in serious harm. If you or a loved one has suffered personal injury due to the negligence of a food company or product manufacturer, contact one of our expert product liability attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates, as you may be entitled to significant monetary relief. Call us today at 617-787-3700 or email us at [email protected]for your free and private consultation.
Maesel Dorn, a local woman in Portland, Oregon, got an unpleasant surprise when she noticed a foreign object in her roasted red pepper tomato soup that she purchased from Pacific Foods of Oregon, LLC. The night after the 72 year-old woman had her initial cup of soup, she experienced violent illness and mild hallucinations. It was not until several days later that she noticed a strange object, described as “mouse intestine-like”, in the box holding the soup. After several phone calls, Pacific Foods came to pick the object up for testing, but apparently the testing never took place. Dorn is now seeking $400,000 in injury damages from Pacific Foods for alleged negligence. Portland attorney Michael Fuller is representing Dorn.
When someone who is wrongfully injured seeks to commence a lawsuit, a natural part of the process is determining which actors may be at fault. A major role of an expert personal injury attorney is to identify these parties and determine to what extent their negligence contributed to the injury. Sometimes attorneys have to make non-intuitive arguments in order to implicate parties, but sometimes the arguments for liability are more straightforward. In the case of a carnival ride malfunction, it would seem evident that those employed to inspect the rides for malfunctions would be at the very least subject to an inquiry regarding liability; however, many states have made it so these inspectors are entirely immune from negligence lawsuits that arise from such malfunctions and result in injury.
While potential claimants are free to implicate the owners and manufacturers of amusement park rides in their suits, some feel that the immunity that state inspectors receive puts them above the law. Even more concerning, such laws do not provide a proper incentive for them to properly do their jobs and to protect the public. This level of immunity under state law often requires that attorneys need to show that inspectors acted intentionally to cause harm or willfully ignored an obvious defect in order to recover money damages, a standard which University of Pennsylvania Law Professor Christopher Robinette notes is extraordinarily high.
Although not every state provides this immunity, there is no national standard for ride inspections, and it is thus left up to each state to decide their standards for inspection. Veteran ride inspector and accident investigator Greg Fehr notes that more stringent inspection standards are needed, and inspector accountability must be increased, lest potentially deadly accidents continue to occur.
In an effort to make the state more attractive to new business ventures, Missouri lawmakers have brought forth a bill in the Senate Government Reform Committee which would limit the time in which to file a lawsuit relating to any product liability claim to 10 years. This proposal, however, won’t cover every product liability claim, such as claims involving real property or when negligent construction of a product is covered up.
Republican Senator Jeanie Riddle, of Mokane, is sponsoring the bill. He believes that this new limit on product liability claims will allow businesses to avoid unfounded lawsuits. This new law will look to further a Missouri law that already requires the product to have been defective when it was sold as opposed to a product that has been altered.
Ray McCarty of Associated Industries of Missouri is a strong supporter of the 10-year liability limit. He believes that the 10 years should give consumers enough time to determine if any defects exist. He has stated: “if there is a true manufacturing defect and not something that has been altered by the consumer, it should show up within 10 years.”
While this bill is favored by many in a Republican majority Missouri government, it has been opposed by others. One large issue comes in the field of medical equipment. A point commonly made to argue in opposition to this bill is for a woman who received a medical product in which the defect was not found for more than 10 years. If this bill is passed, that woman, as well as other similarly situated plaintiffs, will have no grounds for a product liability claim because the time to file the claim will already have expired.
Have you or a loved one of yours been seriously injured or killed because of a defective product? If so, you may be entitled to substantial compensation through a product liability lawsuit. Please contact one of our expert products liability lawyers or an experienced wrongful death attorney here at our Boston law firm by phone at 617-787-3700 or email us at [email protected]. Our Boston injury attorneys have been recognized nationally for their work in recovering millions of dollars for our injured Massachusetts based clients. Your needs are our top priority!