Mt. Healthy Hatcheries Salmonella Lawsuit Information – Wining Your Case In the Court of LawThere are several causes of action possible in cases where the sale and distribution of a product results in harm to the consumer (ie end user). Defective Product: Generally there are three way to prove a defective product claim in the court of law. (1) Defect in the design of the consumer good. (2) Defect in the manufacturing process of the good and (3) Labeling defect – or the failure to properly warn consumers with harms associated with the use of the product.
Other Possible Causes of Action Can IncludeNegligence: Breach of a duty of care owed to another person being the approximate and foreseeable cause of the harm suffered. Breach of Implied Warranty of Merchantability: Every product including live animals and poultry carry with them an implied warranty that the product is not defective and is in line with what the purchaser expected. In other words the purchaser of the live poultry expected that the product he/she purchased did not have salmonella. Breach of Express Warranty of Habitability: An express warranty take place when the seller of a product expressly, via words or writing guarantees that the product is not defective. For example the seller expressly outlines in its sales brochures that its live poultry does not have communicable diseases including salmonella.
Compensation Available For Victims of Salmonella ContractionVictims of harm are entitled to compensation for all damages suffered due to the negligent of wrongful acts of liable parties. The types of compensation available for such victims include the following…
- All medical and hospitalization costs
- All future medical and rehabilitation care
- All lost wages and loss of future income
- Non economic damages including pain and suffering as well as mental anguish