COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us via telephone, email and video-conferencing. Please call or email us to discuss your options.

When a food product is purchased at a West Virginia store, consumers expect it to be made properly and safe to eat. From pieces of metal to listeria contamination, any number of things than result in a defective product. In some cases, the issue can be caught before placed on the market for consumers to purchase and use. Unfortunately, this was apparently not the case in one recent incident from another state. 

A woman purchased a bag of lettuce mix at her local Wal-Mart in early 2013 and became extremely ill after eating it. She used half of the bag to make herself a salad on Jan. 27, 2013. The following day she became ill, suffering from digestive distress and nausea.

A couple of days later, she went to use the rest of the lettuce mix to make a salad for her husband. It was at this time that she discovered something very alarming. A decomposing bird was in the bag.

She asserts that the bag of lettuce mix was sealed securely shut when she purchased it. She also says that it had not expired when she purchased or consumed it. She says that she experienced a number of ill symptoms, including diarrhea, vomiting, fever, stomach cramps and fever.

She filed a lawsuit against Dole as well as Wal-Mart for allowing such a substandard food product on the market for consumers to purchase. She alleges that Dole was negligent in failing to maintain sanitary premises where they bagged the lettuce mix. She is seeking a variety of damages equal to no less than $30,000 in her seven-count product liability claim. Anyone in West Virginia who has become sick or injured as a result of the consumption of an apparent unsafe and defective product has the right to pursue legal action, which may warrant financial remuneration for any harm caused if liability is appropriately established in a civil courtroom.  

Source: cookcountyrecord.com, “Suit: Decomposing bird in bag of lettuce caused woman’s illness“, Bethany Krajelis, Dec. 23, 2014