Maryland Product Liability Lawsuits Based on Foreign Objects in Food or Drinks

Maryland product liability laws govern many situations involving consumers or patients who suffer injuries because of a defective or dangerous object. These lawsuits may arise after a consumer suffers injuries or damages from a defective product. Recently, the Coca-Cola Company announced a recall of certain Minute Maid products after receiving reports of foreign objects in their products.

Under the law, foreign objects in food refer to situations when users discover an object in their drink or food. The item is generally one that the consumer would not expect to be in their meal or drink. Some common examples of a foreign object may include:

  • Metal;
  • Glass;
  • Wood;
  • Plastic;
  • Feces;
  • Hair;
  • Blood;
  • Animal parts; and
  • Body parts.

For example, Minute Maid recalled their Minute Maid Berry Punch, Minute Maid Strawberry Lemonade, and Minute Maid Fruit Punch. These products may contact foreign objects, specifically washers and metal bolts. The company distributed these products throughout the Northeast, including Maryland, Virginia, Pennsylvania, New York, and New Jersey. The Food and Drug Administration explained that a primary concern is that many consumers may still have the products in their homes because of the long shelf life.

These objects can result in serious injuries to a person’s digestive tract, gums, throat, and teeth. Further, these objects can cause a person to choke or experience another life-threatening condition in some cases. The damages can be heightened when the victim is a child or another vulnerable individual such as an older adult or pregnant person. The victim may be eligible to file a personal injury or wrongful death lawsuit against the liable entity when this occurs.

Can food companies be liable for offering objects in their products?

Yes, food manufacturers can be held liable after an injury stemming from a foreign object in the company’s product. However,these cases hinge on the type of object that the consumer discovered in their meal. Victims may face difficulties if they suffer injuries from an object they could reasonably expect to find in their food or drink. For instance, victims may have difficulty successfully recovering if their injuries stem from chipping a tooth on a plum pit or consuming an insect from their lettuce package. The court would likely reason that the plaintiff could reasonably expect to encounter these items while consuming the affected food in these cases. In contrast, a consumer would not reasonably expect to find a piece of metal in their fruit juice.

These cases are challenging and require extensive evidence and compelling legal arguments. An attorney is an indispensable resource during these complex cases.

Have You Suffered Injuries Because of a Defective or Dangerous Food Item?

If you have experienced an injury because of a defective or dangerous object, contact the Maryland product liability attorneys at Lebowitz & Mzhen. The lawyers on our team have extensive experience handling complex claims stemming from Maryland accidents. We handle Maryland accident lawsuits involving negligent drivers, irresponsible companies, medical malpractice, nursing home abuse, and wrongful death. Our attorneys have secured compensation for our clients for their medical expenses, property damage, lost wages, and pain and suffering. Contact our team at 800-654-1949 to schedule a free initial consultation with a lawyer at our office.

 

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