Not surprisingly, a personal injury lawsuit has been filed against Del Monte by the family of a 12 year old girl who became sick after eating Del Monte cantaloupe. The cantaloupe was later discovered to be contaminated with salmonella. As I wrote a couple of weeks ago, this was part of a recall of approximately 5,000 Del Monte cantaloupes. Although this latest recall is getting a lot of media attention, it is worth nothing that this is Del Monte’s third cantaloupe recall in under two years. As a Plantation Personal Injury Attorney, that is an important fact to remember in this case. The family’s personal injury lawyer is alleging that the salmonella caused the girl’s illness and that the salmonella poisoning stems from the recalled cantaloupe.
The attorney goes on to say, “Del Monte had a responsibility to provide its customers with safe, healthy, unadulterated cantaloupe.” From a Plantation Personal Injury Lawyer’s perspective, they are trying to argue that Del Monte breached its duty of care to only sell products that are safe for consumption. The family is alleging that Del Monte was negligent for allowing an unsafe product to reach the market. Further, they are seeking damages for their “medical expenses, lost wages, travel-related expenses and emotional distress.”
As a Plantation Products Liability Attorney, I will make sure to keep an eye on this case. It will be interesting to see if others who allegedly suffered gastrointestinal illnesses from the cantaloupe also decide to file suit against Del Monte. The strain that allegedly caused their illnesses is called Salmonella Panama. I’d expect the plaintiffs’ lawyers to use Del Monte’s track record of recalls as a way of demonstrating the company’s failure to inspect their fruit. If their personal injury lawyers can prove that the company has been repeatedly negligent, it should only help their case towards proving Del Monte liable for the damages suffered. In the end, the most important thing remains the victims’ health and ensuring that they make full recoveries from the salmonella poisoning.