Products Liability Lawsuits Likely Coming Against Georgia Peanut Processor That Shipped Contaminated Peanut Products
The Peanut Corporation of America located in Blakely, Georgia (which is about 4 hours northwest of Jacksonville, Florida) has been accused of shipping peanut butter and peanut paste that was contaminated with salmonella, a bacteria found in food products that can cause serious illness or death. Even worse, there are allegations that the Peanut Corporation of America knew that its peanut products were contaminated with salmonella yet still shipped the dangerous products, according to a recent article. This latter allegation raises the prospect of punitive damages in the likely products liability lawsuits that will follow from this case.
When a manufacturer of products, from lawn mowers to airplanes to food products, manufactures or distributes a defective product that injures a person or many people, a products liability claim may arise. In this case, some of the relevant and more damaging allegations are that 8 people have died and 51 have become sick from eating food containing peanut butter that was shipped from the Peanut Corporation of America. Additionally, according to the article, salmonella was found at their facility repeatedly in 2007 and 2008, but they never reported those findings to the FDA or state officials. The Georgia Department of Agriculture, which does not test for salmonella, did inspect the premises and reported that the equipment was dirty.
The Peanut Corporation of America ships its peanut products to the manufacturers of hundreds of peanut butter products across the country. To compound the problem, their products are found in things like peanut butter crackers, cookies and granola bars which can sit on a person's shelf for months before being consumed. As a result, this danger caused by salmonella contamination is far-reaching and may materialize months after the publicity from this story has diminished.
If this company has shipped a defective product, personal injury and wrongful death lawyers can assert a products liability claim against the company. A products liability case in this context is often based on two primary theories. First is the theory of strict liability. Under this theory, a plaintiff suing the company needs to show that: 1) the Peanut Corporation of America shipped a product that had an unreasonably dangerous defect, i.e. peanut butter contaminated by salmonella, that caused an injury or death to someone, 2) the defective product caused an injury or death while it was being used as intended and 3) when used, the product was in substantially the same condition it was in when shipped by the Peanut Corporation of America. The plaintiff does not have to prove the company was negligent or irresponsible under this theory.
A second theory under which a plaintiff can assert a products liability claim is standard negligence. Under this theory, the plaintiff would have to show that the company was negligent and an injury or death was caused as a result of that negligence.
Based on the preliminary reports about this company and its product, it appears that there are several viable products liability claims based on the numerous sicknesses and deaths apparently caused by the tainted peanut products. With the aggravating evidence of prior problems at the facility and information that the company may have known its products were contaminated and shipped them anyway, punitive damages will likely be sought as well.
If you have a question about a defective product that caused an injury or death and whether you may have a claim against a company, contact a law firm whose lawyers understand the many complexities involved in a products liability case.
