Now that I have your attention and you are expecting mundane lifestyle content, I want to break it to you. There will be nothing of the sort.
What I will promise, however, is a string of cautionary tales when it comes to travel, food, and everyday products. New parents quickly become full-time risk managers around their homes and in their children’s lives – always eliminating and mitigating risks. Similarly, this article is a “What to Expect” for certain consumer products, food and beverages, and travel.
Travel Tips
Thinking of taking a cruise?
Enamored by breathtaking views, endless oceans and sunshine, adventurous port calls and shore excursions, and luxurious cruise liners? You are not alone!
The cruise industry is predominantly safe and it is clearly vital to the tourism industry. Nevertheless, tragedies and injuries at sea and ashore do occur. Injuries occurring onboard cruise ships, while ashore in other jurisdictions, or during shore excursions are often met with fierce opposition. There is little or no ability to hold anyone legally accountable due to jurisdictional limitations on the ability to pursue claims.
Additionally, if you are injured on a cruise ship, your cruise ticket/contract provisions generally are binding on your ability to bring a claim against the cruise line. While most states or jurisdictions have longer statutes of limitations to bring a claim in court, most cruise contracts have binding forum-selection clauses that require you to bring a claim in the courts of a certain jurisdiction.
Those same cruise contracts typically require you to provide detailed written notice of your claim to the cruise line within 6 months of an incident or your claim will be barred. Those same contract provisions typically require you to file suit within 1 year of the date of the incident or your claim will be barred.
Injured on an airplane during a flight or while embarking/disembarking?
Surely you can’t be serious…I am serious, and don’t call me Shirley!
The Montreal and Warsaw Conventions are treaties that establish an airline’s liability in the case of death or injury to passengers while in-flight and while embarking and disembarking, as well as in cases of delay, damage, or loss of baggage and cargo for passengers on international flights. If you’re injured while on a domestic flight, you typically need to establish the airline’s negligence for causing an injury. Your ticket may dictate what you need to do to file a claim, or there may be jurisdictional considerations on where you can bring a claim if the injury occurs while you are in the air.
Thinking of doing that adventurous shore excursion while you are on a cruise? Thinking about parasailing while you are on your anniversary trip at a luxurious beach resort outside of the United States?
Think twice, my friend!
Many of these resorts entice travelers from the United States with images of white sandy beaches and open-air villas filled with fresh fruit and champagne followed by deceptive low prices through purported package deals and all-inclusive benefits. However, oftentimes these resorts are neither managed nor maintained adequately, and security is often lacking or non-existent.
U.S. residents who suffer tragedies and injuries in many of these resorts are often shocked to learn they have no recourse through the United States Justice System. They are even more shocked to learn they often have little or no ability to bring a claim against the responsible parties due to jurisdictional bars or limitations under the laws of the locale.
Food + Drink
Love to grab a quick made-to-order lunch bowl? Need to throw a few fruit-punch pouches in your diaper bag or in the lunchbox for your kiddos? Perhaps a fast-food drive-through chicken sandwich with lettuce and tomato?
Not so fast, my friend!
A large restaurant chain had a widely reported E. Coli outbreak in 2020 where the foodborne illness affected many hundreds of individuals with severe gastrointestinal illnesses. Another large fast-food chain has had a recent E. Coli outbreak due to its romaine lettuce. A popular children’s drink pouch has been recalled due to contamination from a cleaning solution.
Love that peanut butter cookie recipe, or maybe a cold ice cream cone on a steamy summer night?
Don’t say I didn’t warn you!
The summer of 2022 reported a Salmonella outbreak that affected dozens of victims over many states and prompted recalls of certain lot codes of a popular peanut butter brand. A deadly Listeria outbreak was also reported in July 2022 that resulted from a Sarasota, Florida ice cream production facility creamery, which led to a recall of all flavors and lots of ice cream.
Infant formula shortages were widely reported in 2022 and have concerned families worldwide. Litigation has commenced involving allegations that certain infant formula products cause catastrophic necrotizing enterocolitis (NEC) in premature infants. NEC is a serious gastrointestinal problem that inflames intestinal tissue, causing it to die.
Need that energy drink before your high-intensity workout, or that protein drink just after your workout?
“Whoa, Nellie!”
There are numerous voluntary recalls of a number of beverage products due to the presence of the Cronobacter bacteria. These bacteria be particularly dangerous to the elderly and to those with weakened immune systems.
Product Reviews
You found a great deal online so you purchased your child a self-propelled skateboard through an online sales platform?
Can I get an amen?
Only, the skateboard exploded and burned down your living room while you were charging its battery for the first time. It can be difficult to hold the online sales platform responsible for the sale of the defective product, and oftentimes it can be difficult to determine who the actual manufacturer of the product is, and if the manufacturer is based overseas it can be difficult or economically unfeasible to hold a foreign manufacturer accountable for injury or damage.
You finally got your hip replaced after years of agony. You recover from surgery and get your quality of life back. Then you receive a recall notice from your surgeon advising you that the implanted hip components had been recalled.
Now, your surgeon has to perform another major surgery to explant the recalled hip device and implant another one? There has been widely reported litigation in recent years related to defective or recalled medical devices and certain pharmaceutical products. Many such product defect claims end up being litigated through consolidated litigation efforts, where those affected consumers essentially can join other claimants who are similarly situated and who have also been similarly affected.
It’s a blustery winter day in the mountains and you want to warm up by a fire?
You have a bottle of non-petroleum-based fire-starter gel that you decide to use to get the fire going, or perhaps a red gas can full of fuel to help stoke the fire? Be very, very careful! Already existing flames or burning coals or embers can ignite the vapors and enter the vapor space in the containers of these types of fuels and gels. This can cause the containers to rupture and cause severe burn injuries or death.
You rely on public transit and use bucket loads of hand sanitizer?
Do Not Pass Go; Do Not Collect $200!
Did you know that certain hand sanitizer products entering the market during the Covid-19 pandemic had to be recalled by the FDA due to unacceptable levels of benzene, acetaldehyde, and acetal contaminants? Benzene is a human carcinogen that through inhalation, oral, and skin has been linked to causing leukemia and blood cancers of the bone marrow and other blood disorders, which can be life-threatening. Other hand sanitizer products have been found to contain methanol. Exposure can result in nausea, vomiting, headache, coma, seizures, permanent blindness, permanent damage to the central nervous system, or death.
Recently published reports from liability insurers note that U.S.-based companies are on pace to recall a record number of products this year. This move stands to exacerbate already-existing supply-chain disruptions and further aggravate frustrated consumers.
Romano Law Group’s consumer protection, mass tort, and product defect divisions have decades of combined experience. We handle injury and wrongful death cases related to defective and recalled automotive products, medical devices, and other consumer products. Our attorneys also handle claims related to tainted and recalled food and beverage products, and travel-related injuries. Romano Law Group attorneys have strong in-house investigation and extensive courtroom experience to fight against high-profile corporations. Our goal is to seek adequate compensation on our client’s behalf and also to remove dangerous products from the marketplace.
Authored by Todd Romano, Best Lawyers® 2022 Product Liability “Lawyer of the Year” award in West Palm Beach, Fl.
