Contaminated food can cause injury or even death to consumers and cause expensive, costly lawsuits to sellers, making it very important that food is produced and stored in sanitary conditions. Yesterday federal agents seized food products from a rat infested warehouse in East Point Georgia, owned by the United Food Service Company. Close to one million dollars of contaminated food was confiscated.
U.S. Attorneys issued a statement stating: "The insanitary conditions alleged to exist in this warehouse where food is stored are simply unacceptable," and that "This office has moved quickly to prevent the FDA-regulated products stored in this rodent-infested warehouse from being sold to unsuspecting consumers.
According to authorities, the Food and Drug Administration inspected the warehouse and documented an active and widespread rodent infestation, photographing and videotaping multiple live rats, dead rats, and rat nesting sites.
In Georgia, liability for knowingly or negligently selling unwholesome provisions has been imposed by statute since 1863. The seller has a duty to know the condition of the food that he sells, because contaminated food can seriously injure or even kill a consumer. And because the seller is in the best position to know the food, he is the one who will be held liable.
The plaintiff does have a duty to exercise ordinary care to avoid getting injured by consuming the bad food. The plaintiff must prove that the food was unwholesome and this is not established by the mere fact that the plaintiff became sick after eating it. However recovery is possible based on circumstantial evidence that rules out every other reasonable hypothesis that could be an explanation for his or her illness.
If you have received serious injuries that caused you to incur medical bills, illness, or pain and suffering--contact Williams Oinonen LLC for a consultation at 404-654-0288.