Liability for Injuries Caused by Consuming Defective Food Products

This article will discuss the many issues regarding the liability of food servers to customers who are injured while consuming products sold or provided by a restaurant. The liability for defective food products is discussed within the context of general and traditional product liability. The common law, early case law, and the current standards for liability for food servers who sell food products that cause injuries to their customers are discussed. Theories of recovery including negligence, breach of warranty, and strict liability are discussed, including the difficulty of proving a case. The use of circumstantial evidence and the application of the foreign-natural test and the reasonable expectations test are also covered as part of the discussion on the proof of the case.