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  1. #31
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    Sep 2005
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    98,846

    Default Re: Tourist Contracted Ciguatera at a 5 Star Resort in Turks and Caicos

    So you are admitting that your prior position is dead wrong in California and mostly wrong in Maine? Well then, like the rest of us have already done, it's time for you to move on.
    Quote Quoting Mexicali Rose v. Superior Court, 1 Cal. 4th 617, 633 (1992)
    If the injury-producing substance is natural to the preparation of the food served, it can be said that it was reasonably expected by its very nature and the food cannot be determined unfit or defective. A plaintiff in such a case has no cause of action in strict liability or implied warranty. If, however, the presence of the natural substance is due to a restaurateur's failure to exercise due care in food preparation, the injured patron may sue under a negligence theory.
    Quote Quoting Estate of Pinkham v. Cargill, Inc., 55 A.3d 1 (2012)
    The "reasonable expectation" test provides that the producer will be liable for injuries that are caused by any substance, including natural ingredients, which the consumer "would not reasonably have expected to find... in the product." Jackson v. Nestle-Beich, Inc., 147 Ill.2d 408, 168 Ill.Dec. 147, 589 N.E.2d 547, 548 (1992).
    Quote Quoting Dogmatique
    View Post
    Are you saying that the vendors at Pike Place market are actually manufacturers?
    The trick here is that we're talking about statutory law, so each state has its own product liability laws and definitions (none of which have even the slightest bearing on the original question, as the injury occurred in the Turks & Caicos Islands). Contrary to badzombie's misrepresentation, nobody suggested that food products cannot have a manufacturer; the statement was about the "manufacture" of fresh fish. Product liability laws typically distinguish manufacturers from resellers. A restaurant selling factory-sealed bottles of Coca Cola would be acting as a reseller in relation to those sales; but the same restaurant transforming raw ingredients into a cooked entree would likely fall under the definition of "manufacturer" or its equivalent due to the transformative nature of its activity. This is not likely to be something about which you're going to find a great deal of case law in relation to a restaurant, as it's not a definitional issue that is likely to be relevant to a typical product liability case.

  2. #32
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Tourist Contracted Ciguatera at a 5 Star Resort in Turks and Caicos

    Then for the love of all things piscine, why on earth is zombie continuing this?!

  3. #33
    Join Date
    Nov 2013
    Posts
    6,511

    Default Re: Tourist Contracted Ciguatera at a 5 Star Resort in Turks and Caicos

    My newly calibrated crystal ball tells me that this is a rather newly admitted to the Bar attorney, first name begins with "J", who fancies himself an expert on product liability. Just flapping his wings.

  4. #34

    Default Re: Tourist Contracted Ciguatera at a 5 Star Resort in Turks and Caicos

    I was responding to the snarky comments of other members, and the ridiculous comment of jk in particular ("so you are saying the OP might be able to sue God?").

    Strict products liability is a valid doctrine for food in every state of the United States, like it or not. That was a topic brought up by others, and I've responded. Sorry, "budwad", but I'm 58 years old - I'm hardly a "newly admitted to the Bar attorney". But alas, I can see this site is not one that welcomes discussion - it has it's old timers who don't care to discuss things in a reasonable way with newcomers, so I'll simply move on and let you all have your nice little sandbox where you can delude yourselves about your superiority. Clearly, folks don't keep up on the law around here - I doubt a single one of you was aware of what is in the restatement on food strict liability, for example. Had you not been so hostile, you might actually have learned something from me. Your chosen handles not withstanding, nobody here knows it all - though some of you would take great offense to that notions. See ya...

  5. #35
    Join Date
    Sep 2010
    Posts
    19,281

    Default Re: Tourist Contracted Ciguatera at a 5 Star Resort in Turks and Caicos

    What part of the UNITED STATES law has no bearing on this whatsoever. The resort company is based in the Bahamas and the T&C are still a British Overseas Territory.

    Yes most of the US might indeed have strict liability, but that's not going to help the original poster one bit.

  6. #36
    Join Date
    Sep 2005
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    Default Re: Tourist Contracted Ciguatera at a 5 Star Resort in Turks and Caicos

    Quote Quoting badzombie
    View Post
    I was responding to the snarky comments of other members, and the ridiculous comment of jk in particular ("so you are saying the OP might be able to sue God?")
    You don't understand the point that jk was making?
    Quote Quoting badzombie
    Strict products liability is a valid doctrine for food in every state of the United States, like it or not.
    You can make all of the sweeping declarations that you choose. The facts remain that (a) product liability laws are different in every state, (b) you don't understand those laws, and (c) we're not discussing the laws of a U.S. jurisdiction.
    Quote Quoting badzombie
    But alas, I can see this site is not one that welcomes discussion - it has it's old timers who don't care to discuss things in a reasonable way with newcomers, so I'll simply move on and let you all have your nice little sandbox where you can delude yourselves about your superiority.
    With your adamant insistence that others defer to your incorrect interpretations of the law, you outbursts, you insults directed at others, and your sanctimonious finger-pointing... who in the world could you be? Here's something to ponder: If you start multiple accounts and have the same experience with other users each time, the problem is probably with you.

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