Manufacturer, Supermarket, and Grocer Liability for Contaminated Food and Beverages due to Negligence, Warranty, and Liability Laws


Frank J. Cavico, Bahaudin G. Mujtaba, Stephen Muffler, Marissa Samuel, Nicolas-Michel Polito

Abstract


Foodborne illnesses linked to Salmonella, Norovirus, Listeria, and Escherichia coli (E. Coli) are a serious problem people all over the world as they tend to negatively impact about ten to fifteen percent of every population. In this article, we focus on who is legally responsible for the proper handling of foods and the legal redress harmed consumers have in recovering damages. This article examines three legal doctrines that the injured consumer can use to sue parties on the food chain – the common law tort of negligence, warranty law based on statutory law – the Uniform Commercial Code, and the common law tort of strict liability. The article provides a legal overview of the three legal doctrines wherein basic principles and elements are set forth and illustrated, while examining them in the context of recent food and beverage case law involving manufacturers, supermarkets, and grocers. Based on the legal analysis, the knowledge and experience of the authors, as well as insights gained from legal and management commentary, the authors discuss the implications of food and beverage liability for employers and managers in the food chain. Finally, we provide recommendations to employers and managers on how to properly handle safety standards in order to avoid liability for foodborne illnesses and accidents.

Keywords


Food manufacturer, Food contamination, Food adulteration, Negligence, Warranty, Wholesomeness, Strict liability, Defect.

| PDF |


About this article

Title

Manufacturer, Supermarket, and Grocer Liability for Contaminated Food and Beverages due to Negligence, Warranty, and Liability Laws

Keywords

Food manufacturer, Food contamination, Food adulteration, Negligence, Warranty, Wholesomeness, Strict liability, Defect.

DOI

10.20448/journal.502.2018.51.17.39

Date

2018-01-10

Additional Links

Manuscript Submission

Journal

Economy
Vol 5, No 1 (2018) Page: 17-39

Print ISSN

2518-0118

Online ISSN

2313-8181

Statistics

0 Views | 0 Downloads

Citations

Authors & Affiliations

Frank J. Cavico
The H. Wayne Huizenga College of Business and Entrepreneurship Nova Southeastern University
United States

Bahaudin G. Mujtaba
Nova Southeastern University
United States

Stephen Muffler
University of Miami
United States

Marissa Samuel
Columbia University
United States

Nicolas-Michel Polito
Fairleigh Dickenson University
United States


##plugins.block.readingTools.articleTools##


##plugins.block.readingTools.emailThisArticle## (##plugins.block.readingTools.loginRequired##)
Email the author (##plugins.block.readingTools.loginRequired##)
Share

Refbacks

  • There are currently no refbacks.


Paper Submission E-mail: info@asianonlinejournals.com; asianonlinejournals@gmail.com

 

Economy

Online ISSN: 2313-8181 | Print ISSN: 2518-0118

 

Copyright © Asian Online Journal Publishing Group

To make sure that you can receive messages from us, please add the 'asianonlinejournals.com' domain to your e-mail 'safe list'. If you do not receive e-mail in your 'inbox', check your 'bulk mail' or 'junk mail' folders.