If I hand out sandwiches made in my home for free in connection with my Temple, who has liability if someone claims to get sick?

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If I hand out sandwiches made in my home for free in connection with my Temple, who has liability if someone claims to get sick?

If I hand out sandwiches made in my home for free in connection with my Temple,
who has liability if someone claims to get sick?

Asked on November 30, 2017 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Liability depends on fault. If someone is sickened, the person or business who was responsible for the illness through some careless (or intentional) act is liable. Say that you use mayonaise that is past its expiration date: that is careless, so if anyone is sickened by bad mayo, you would be liable. Say instead that food was contaminated with e. coli during manufacture or packaging: the company that made or produced the food would be liable.
Of course, someone suing often does not know at first who was at fault and may sue the wrong party or all possible parties, forcing them to prove they were not liable: e.g. if someone is sickened, they may sue the person who made the sandwich even if in fact that person was not at fault, because the person who is ill does not know where food came from or why/how it made him sick: he sues the only obvious target he sees.


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