Washington DC Injury Lawyer Blog
If anyone suffers an injury or sickness caused by a recalled food, they may be able to file a Washington, D.C. product liability claim to recover compensation. Recalls generally involve foods contaminated by various pathogens, such as E. coli or Salmonella. Food recalls can also occur due to a foreign object being present in the food. The Food and Drug Administration monitors the safety of most food products, while the U.S. Department of Agriculture Food Safety and Inspection Service is responsible for ensuring the safety of meat, poultry, and egg products.
Does Issuing a REcall Mean a Manufacturer is Automatically Liable for any Injuries?
No, a recall does not automatically establish that a defendant is liable, but it may serve as evidence in a product liability case. A court may not always allow such evidence, but even if it does, the plaintiff must still prove that the specific food that the plaintiff consumed was defective and that the defect caused the plaintiff’s injuries. Cases like this may require the testimony of an expert who can explain the link between the defect and the plaintiff’s symptoms and injuries. If there is evidence of a recall, that may help prove that the food the plaintiff purchase was contaminated. Testing may also be done in some situations to determine if the food was actually affected. Testing may also be done on the plaintiff to show whether certain pathogens were present in the plaintiff’s body.
Over 760,000 Pounds of Hot Pockets Recalled
Over 760,000 pounds of frozen Hot Pockets were recently recalled by Nestlé, as one news source reported. The U.S. Department of Agriculture’s Food and Safety Inspection Service (FSIS) stated that the recalled food items may contain pieces of glass and hard plastic. The affected pepperoni Hot Pockets were recalled after customers complained of “extraneous materials” in the food. At least one consumer reported a minor oral injury.
The recalled items were produced in November 2020 and shipped to stores across the country with an expiration date of February 2022. The Food Safety and Inspection Service stated that the recall is considered a Class 1 health risk, as there is a reasonable probability that consuming the product “will cause serious, adverse health consequences or death.” The FSIS stated that the products could be a “choking hazard or laceration risk” and that affected products should not be consumed. Consumers were instructed to return the product or discard it. Nestlé apologized to consumers and retail consumers for any inconvenience it caused.
Call a Washington, D.C. Injury Personal Injury Attorney
If you have been affected by a defective product or contaminated food, call a Washington D.C. product liability lawyer as soon as possible. The law firm of Lebowitz & Mzhen may be able to help. Retaining competent legal counsel with experience in product liability cases is essential. Lebowitz & Mzhen has the experience and the skills to competently and effectively handle your product liability case. Suffering from an unexpected injury can be a stressful and overwhelming time for you and your family. For a free case evaluation, contact us online via our online form or call toll-free at 800-654-1949 for a free consultation.