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Recall of fruit sold in Illinois may spur products liability suit

One of the greatest joys of summer is biting into a piece of sweet fruit which can only be found at this time of year. Sadly, seasonal fruit lovers are now being warned to take some extra caution when shopping for their summer favorites. The Food and Drug Administration has recently announced that a California company, Wawona Packing Company, has issued a voluntary recall of some of its products.

In particular, Wawona says that whole peaches, nectarines, plums and pluots sold by the company and distributed nationwide to retailers and wholesalers may contain Listeria monocytogenes. Consumers possessing these items purchased between June 1 and July 12 should not eat them.

This warning is primarily directed at fruit sold individually. Wawona Packing has already notified specific retailers in Missouri and Illinois who were sent the potentially contaminated lots. Those retailers have sense pulled and removed the suspected fruit from their stores.

Consumers have a right to expect the food they purchase to be free of potentially harmful contaminants. Conversely, a retailer has a duty to exercise reasonable care when introducing a product for commercial use into the marketplace. This standard also applies to pharmaceutical manufacturers, makers of children's toys and just about any item which is commercially sold.

Consumers injured because of defective or dangerous product may be entitled to sue the manufacturer or seller under for products liability. If successful, victims injured by a defective or dangerous product they purchased can be awarded compensation for their injuries and their pain and suffering. Additionally, victims may also be able to recover lost wages and medical care costs.

Source: KY3, "Distributor voluntarily recalls stone fruits sold across the country" Jul. 20, 2014

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