You consume innumerable products for your daily needs. But when these products consume your health and wellness instead, you may file a product liability lawsuit against all responsible parties, like the designer, manufacturer or distributor.
For contaminated food, except for meat and poultry, the U.S. Food and Drug Administration regulates recalls for food that may result in injuries or diseases, or contain foreign material or undisclosed allergens, if the company hasn’t initiated it yet. A recent example is when Trader Joe’s announced that two of their cookies – Almond Windmill and Dark Chocolate Chunk – may contain rocks. Their statement indicated that they have since destroyed and removed the products from sale.
In cases like this, what should you do as an affected customer?
Follow these steps
If the food you recently purchased becomes recalled, here are steps you must immediately take:
- Wrap it properly before throwing it in the trash, or you may return it for a full refund.
- Don’t try salvaging parts of it by feeding it to your pet or donating it to a food bank.
- For cases of spoiled food, you must thoroughly wash or sanitize any container, utensil or surface it came in contact with, as well as your hands.
In the worst cases that the food recall happened after you’ve already experienced symptoms of specific illnesses, food poisoning or allergic reactions, the immediate step is seeking medical attention.
Then, you must establish adequate proof to support your claim. Under Georgia law, you must demonstrate that the product was already defective upon leaving the manufacturer’s control, you followed product-specific instructions and that consuming the product directly caused your injuries.
You buy food with the intention of nourishing your body or satisfying your cravings. But when the exact opposite happens, you have two years to file your claim, or four if it caused property damages, under the guidance of your legal representative, and recover maximum financial compensation.