Caramel Apples

In litigating wrongful death lawsuits, Berkowitz and Hanna LLC knows that these cases can result from dangerous or defective drugs or products. Recently Food Safety News reported on a wrongful death lawsuit filed against Safeway that allegedly links their pre-packaged caramel apples to a 10-state Listeria outbreak. Five deaths have occurred so far.

The lawsuit, filed by the husband and estate of a woman whose death is allegedly connected to the outbreak, seeks a jury trial for unspecified financial damages and attorneys’ fees. Its causes of action include a claim of “strict liability”—meaning a company is responsible whether or not it knew about the problem—because a Safeway ready-to-eat product allegedly tainted with Listeria was sold to a customer.

Food Safety News noted that an investigation by the CDC has pointed to Safeway’s caramel apples as the source of the outbreak.

While Safeway has removed the apples from their shelves, a spokesperson said the company is not aware of any illness tied to items purchased at their stores. Nonetheless Berkowitz and Hanna LLC will continue to watch this lawsuit.

Please note: Berkowitz and Hanna LLC does not represent any of the parties in this case.

Photo by jlwelsh via Flickr.com