Under the new rule of strict liability, to hold a food manufacturer liable, a person injured while using a food product need only show that: (1) the food product was defective; (2) it was used as intended; and (3) the defect caused the injury. The care used in the manufacture of the food product is irrelevant to the determination of liability. The only issue in a food product liability case is the defectiveness of the food product, not the manufacturer’s conduct in somehow allowing the defect to arise. As a result, proof of negligence is not required to recover damages.
So goes the Black Knight:
As I tell my friends in the food industry – “Prevention is the only Protection.” So says William, lawyer in Seattle.