There may be on thing that is not quite better at Here Everything’s Better stores in Texas. The chain has recalled meat that it sold due to metal fragments in the meat due to “an equipment malfunction.” The recall was issued appropriately on Friday the 13th.
No one has been injured thus far from the fragments.
Liability for such tainted or dangerous food products is quite high under the common law and under statutory law. The common law recognized an implied warranty of fitness for human consumption. Under negligence, punitive damages are often considered in such cases — particularly with the appearance of such things as metal fragments in the meat. Usually such cases are confined to negligence. However, it is notable that the recent wrongful death claim against Peanut Corporation of America was brought on both negligence and strict liability grounds.
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