Legal Question in Personal Injury in California
Responsibility between retailer and manufacturer
I broke a tooth on a piece of walnut shell in a piece of bread purchased at a large health food chain store. The tooth shattered, and the dentist bill comes up to more than $4,000.00. The retail store denies responsibility, and sent me to the manufacturer (fairly small bakery). They, in turn, claim that the walnut shelling company which is a tiny operation somewhere in some valley is the responsible party. I cannot afford this kind of money, I need to take someone to small claims court. Who should I serve ? (that's assuming I can track down which walnut shelling plant actually shelled the walnut that ended up in the bread that I ended up purchasing...). thank you for any help
1 Answer from Attorneys
Product Liability Law
While I cannot speak to the exact facts of your case, general product liability law in California holds retailers and distributors, as well as manufacturers, responsible for personal injuries caused by a defective product. If you have any question about who is liable for your injury, then you might consider serving ALL of them and letting the judge determine whether who is appropriately held responsible.
If you can only serve one, then you may be able to bring that entity to court. The judge may determine that one company should pay all damages and then that one company would have to sue the others for contribution.
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