Consumers and/or persons suffering peanut butter related illness or wrongful death still have valid personal injury claims despite the bankruptcy filing of the Peanut Corporation of America (PCA). Most food companies have liability insurance to protect them from liability claims for food poisoning (or wrongful death from food contamination) such as peanut butter related Salmonella poisoning that is involved in the recent outbreak. In Virginia, as well as many states, sellers of food products, whether peanut butter or otherwise, must provide a warranty that is implied in the law, that it’s food products are safe for human consumption. This is called an implied warranty of wholesomeness. Any time a Virginia company breaches its warranty to provide food products that are safe for human consumption, it may be sued under this food warranty, and in addition, under negligence law.
For my full article discussing this peanut butter/salmonella poisoning issue, click here.
One article on this network about the Texas peanut butter plant is here, and another about the Georgia plant and the PCA President’s refusal to testify before Congress, is here.
Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia, near the North Carolina border, practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm’s website is: hsinjurylaw.com, the firm edits two injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library.
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