Parents of a Tennessee minor recently filed a lawsuit against a local Steak and Shake, which claims that the hot sauce on their son's chili was "too hot." According to the lawsuit filed, the minor apparently ordered a bowl of chili which included "Blair's Mega Death Sauce" and that the restaurant failed to warn of the sauce's intensity. The minor was taken to a local hospital with an inflamed digestive tract and a severe allergic reaction. Parents are seeking unspecified damages.

Although the filing of this litigation appears to be outrageous, it raises issues relating to implied warranties under the law. In New Jersey, there is an implied warranty of merchantability with regard to food products sold by a retail establishment either to be consumed within a restaurant or for later consumption. Basically, this implied warranty of merchantability means that the food product that is being sold must be fit for its intended use; i.e. to be consumed. If, for example, a restaurant serves food which ultimately makes the consumer of that food ill, the restaurant may be responsible for personal injury damages to that consumer on the theory related to the breach of the implied warranty of merchantability. Additionally, the restaurant may also be responsible to that consumer on theories of negligence and breach of contract.

Turning to the minor boy in Tennessee, it would appear that the bowl of chili with "Blair's Mega Death Sauce" was merchantable in that it was "fit" for its intended purpose; that it to be consumed by the average consumer as an ultra-spicy chili. Unfortunately, it would appear that this minor boy had some type of allergic reaction to the extra hot sauce, which caused his hospitalization. The ultimate issue in that case will most likely be whether or not the restaurant properly warned the boy and his parents of the full extent of the chili's spicy nature. In our view, the words "Mega Death Sauce" would reasonable put the end user on notice that the sauce was extremely hot. Really, the issue here is whether the minor boy's parents should have liability for allowing their child to consume this "Mega Death Sauce" without testing same or limiting its consumption. We leave the liability of one's parents under such circumstances in the state of New Jersey for a different day.

However, in the event you or one of your family is ever injured by a food or food product, it is extremely important to preserve any of the remaining food for ultimate testing if possible and seek legal advice in order to determine your rights.

Over 500,000 Do-It-Yourself Books have been recalled by the publisher, Oxmoor House Home Improvement, due to the inclusion of improper wiring instructions in a recent edition that could lead to personal injury or significant property damage. The Consumer Products Safety Commission announced the recall for various books sold nationwide in the U.S. between 1955-2005. Apparently, if properly followed, the faulty wiring instructions could cause serious electric shock or shorting of electric circuits thereby causing fire.

Obviously, in the case of recalls, it is important to ensure that you, as a consumer, remove the faulty items, such as books, cars, toys, etc., from your home or otherwise have the faulty items repaired so as to avoid serious personal injury or serious property damage. Often times, such recalls are brought to the attention of the Consumer Product Safety Commission through litigation, wherein a plaintiff claims serious injuries or serious property damage resulting from a defective item.

Obviously, as set forth on our firm's website and in prior areas of our blog, the manufacturers of any item put forth into the stream of commerce have a duty to ensure that the items are safe and fit for its intended use and purposes. In this case, the "product defect" lay within the pages of a handyman's do-it-yourself book, and wouldn't cause damage to anyone unless and until the end user followed the specific faulty instructions. However, despite the fact that the "product" itself, the book, was not in any way defective in a way that caused injury, the instructions contained therein were, and as such, the product was defective.

If you believe you are in possession of a defective product, whether it is defective by design or manufacturing defect, it is important firstly, to seek treatment if you or someone close to you was injured as a result of that product. Property damage should be documented and photographed. Of course, you should immediately preserve the product for inspection by an attorney or an engineer to determine whether any such injury or damage was caused by the product itself or its misuse. It is crucial that an attorney skilled and experienced in this area of law be sought immediately if you may have been injured or suffered property damage as a result of a particular product.

An LA woman recently sued Google, reportedly, after she was struck by a car on State Route 224 in Salt Lake County, Utah. The woman alleges that she followed directions that were given to her on her blackberry through Google Maps, and that those instructions led her onto a roadway where vehicles travel at a "high rate of speed" and there are no pedestrian sidewalks. The lawsuit alleges that Google failed to warn the Plaintiff of the known dangers of the roadway. The suit also included a claim against the operator of the vehicle which struck her.

While a lawsuit of this type sounds outrageous on its face, the application of general principles of negligence reveal that such a cause of action is not far fetched. Generally, the manufacturer or creator of a product (in this case Google Maps), has a duty to make the product safe for the end users, as well as for its intended use. If some component of such a product creates a foreseeable harm or danger to the end user, the creator or manufacturer must provide adequate and appropriate warnings concerning the products' use. (link to CRUW product liability)

In this case, the end user of the product, the Plaintiff, merely alleges that Google Maps failed to warn her of the absence of sidewalks as well as the fact that State Route 224 contains motor vehicles traveling at high rates of speed. She further alleges that, had such warnings been given, she may have chosen a different route or path.

Obviously, common sense also comes into play when we discuss such liability. In this regard, the Plaintiff will have to explain to the judge or the jury her reasoning for proceeding by foot in an area where there were no pedestrian sidewalks. This explanation, or the lack of the woman's common sense, will be weighed against Google's alleged failure to provide appropriate or adequate warnings. Under NJ law, the woman's cause of action against Google would be barred if her improper actions rose to a level higher than the improper actions of Google. In this case, it is fair to say that a majority of individuals reading this blog would agree that her indiscretion walking on a highway without a sidewalk should negate any liability on behalf of Google. However, under our legal system, that would be up to the judge and jury to ultimately decide at a trial after ALL the facts and circumstances are made known.

Regardless of your opinion on this matter, one thing is clear: the attorney for the woman is exploring every avenue in order to properly and effectively represent his client in an effort to look for any and all individuals and all companies which may be responsible for the personal injuries suffered. If you are injured, you should ensure your rights are sufficiently represented.

A recent recall of another brand of drop side cribs remind parents of the danger of cribs where one side moves up and down to allow a parent easier access to the baby or toddler. The Consumer Product Safety Commission once again alerted parents to the dangers of these cribs in a warning released on May 7, 2010. According to the Commission, at least 32 infants and toddlers have been killed by way of strangulation or suffocation as a result of defects in these types of cribs. Another 14 similar deaths could not be conclusively related to any defects. The Commission notes that the problems are the result of less than adequate structural integrity and the gaps that are formed to accommodate the sliding rail.

Unfortunately, many products that are placed into the stream of commerce are often unsafe for children. In addition to cribs, such other examples include various toys, car seats, bath basins, strollers and infant carriers. The manufacturers of such products can be held monetarily responsible for any injuries sustained by the end users of these defective products under New Jersey's Product Liability laws. (Link to our website where I set forth Product liability law). Litigation involving these types of cases are generally design defect cases where the manufacturer can be held responsible for their failure to properly design a product that they place into the stream of commerce. As set forth on our firm's website, an expert witness will be required to prove the design defect even if the product had previously been recalled.

Of course, one of the main purposes of personal injury law is to prevent injuries to innocent parties such as children. This purpose is often achieved through the ability to bring such product defect lawsuits against manufacturers of dangerous products such as the sliding rail cribs. In this regard, it is hoped that the companies' exposure to monetary damages awards for the injuries their products cause will lead to changes in the way they research and design their products. Hopefully, this, in turn, will lead to safer products and decreased injuries overall.

Obviously, we, as the end users of products that are placed on the market, are not in a position to determine whether the products we purchase for use for us or our families are designed in a safe manner. Therefore, it is imperative to periodically check with the Consumer Product Safety Commission to determine what new products have been recalled. You may go to their website at www.cpsc.gov or by calling them at 800-638-2772.