Legal Question in Product Liability in Idaho

Adulterated Food

I am helping my brother prepare a pro se suit against a prepared rice dinner packaging plant. He and his wife found a live insect in the box. What is the basis for the complaint, does he need a lot of detail in the complaint, and are legal briefs necessary with the complaint? It will be filed against a plant in another state. Thanks


Asked on 6/25/02, 3:00 pm

1 Answer from Attorneys

James P Koch Law Offices of James P. Koch

Re: Adulterated Food

In order to win this case, you would have to prove (1) that the packaging plant sold adulterated food; and (2) that you suffered damages as a result, e.g., physical illness, medical expense, lost wages. If there was no injury, there really is no case to pursue here. Assuming the adulterated food caused injury, you then need to prove that the packaging plant is responsible for the adulteration. If the insect was found inside a sealed container, this would be evidence that the adulteration occurred at the packaging plant. Filing a complaint will get you into court, but filing a products liability case pro se is not a good idea. You should consult an attorney to find out whether you have a case worth pursuing.

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Answered on 6/25/02, 4:12 pm


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