Legal Question in Personal Injury in Maryland
best cause of action/ settlement amount
what is the tort or cause of action when someone finds a foreign object and/ or animal in a beverage container? What is the average out of court settlement amount?
2 Answers from Attorneys
Re: best cause of action/ settlement amount
The cause of action is based upon negligence or strict liability. The settlement value of such cases can vary widely, depending on the nature of the foreign matter in the product and the effect it had on the victim.
Re: best cause of action/ settlement amount
The tort is as you described it. The analysis behind the torts breaks down into groups that are generally categorized as natural or incidental, such as a peach pit in a peach pie, and foreign, unnatural, such as a razor knife in a hamburger.
Negligence as well as strict liability applies. Damages and causal proof are likely to be hurdles.
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