Products Liability E-Newsletter

Food and Agricultural Products

Food products can be the subject of products liability lawsuits based on claims that the food or beverage contained a foreign substance or was inherently unwholesome or that the containers or packaging were somehow defective. Defective agricultural products, like crop care products and animal foods, can also lead to products liability claims.

As with other products, plaintiffs in products liability suits involving food may be able to establish a defendant's liability simply by showing that the defendant manufactured a product which did not meet the manufacturer's own specifications, and that this defect injured the plaintiff. For example, a manufacturer whose food product contains a foreign substance which injures someone may be liable even though all possible care was exercised in the preparation and marketing of the product. Alternatively, the plaintiff may attempt to show that the defendant was responsible for some negligent act or omission that caused the plaintiff's injuries and damages. Food manufacturers, restaurants and retailers have a duty to the public to use care in preparing and preserving food that is to be sold to the public in a wholesome condition. Sellers of food have a duty to inspect the food to ensure its wholesomeness and that it is free from foreign substances, but this duty does not require sellers to open sealed containers of food from reputable manufacturers.

A food-related products liability claim may be established by circumstantial evidence as well as direct evidence. In other words, the plaintiff can support a claim by proving that he or she purchased the food product from the defendant and became ill after eating it, as long as other possible causes for the illness can be ruled out. In fact, circumstantial evidence is all that is available in many food cases, since the "evidence" often has been eaten and is therefore no longer available to prove the allegations. The presence of a foreign substance in a food product gives rise to an inference that the defendant was negligent. Also, if the plaintiff can show that the defendant violated a statute that applies to the sale of food, such violation may establish the defendant's negligence.

Defenses available in food cases beyond those available in all products liability cases includes immunity as food donors and the sealed-container defense (which is available to sellers, but not manufacturers, of food). The federal Good Samaritan Food Donation Act provides that a person or gleaner is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals. A number of similar state statutes provide in substance that a donor of food to a bona fide charitable or nonprofit organization for free distribution is not subject to civil liability for injury or death resulting from the food's condition.

Manufacturers, distributors, and sellers of crop care products like fertilizers, fungicides, and insecticides have a duty to warn users of the potential dangers of the products. To be included within this duty to warn, the dangers must be foreseeable to the manufacturer or other provider but not expected to be within the knowledge of the users or third parties who may come in contact with the product. Manufacturers of chemical products that will be used on cattle or in cattle feed have a duty to warn purchasers about possible harm from the products and a duty to instruct purchasers on the proper use of the products.

As with products for human consumption, various statutes apply to the sale and manufacture of agricultural products, and if the plaintiff can prove that the defendant violated the applicable statutes, that evidence may establish that the defendant was negligent and support the plaintiff's claim for damages.

A lawyer with experience in products liability law can help a plaintiff determine whether a potential claim is valid and can advise manufacturers, distributors, and sellers of food and agricultural products on defenses to invalid claims and preventive measures to avoid litigation in the future.

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