Can I sue a dog food company if my dog died from tainted dog food of theirs?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue a dog food company if my dog died from tainted dog food of theirs?

Asked on July 1, 2012 under General Practice, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue both the manufacturer of the dog food and the seller (store where you purchased the dog food) for negligence and strict liability.  Negligence and strict liability are separate causes of action (claims) in your lawsuit.

Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised under the same or similar circumstances to produce a product that is not defective).

Strict liability is liability imposed whether or not due care was exercised.

This area of law is products liability.  Both the manufacturer and seller of the defective product are liable.  The store where you purchased the dog food is liable even if it could not have known the product was defective.

Prior to filing your lawsuit, it may be possible to settle the case with the insurance carriers for the manufacturer and store.  If the case is settled with both insurance carriers, NO lawsuit is filed.  if the case is settled with neither insurance carrier, name both the manufacturer and store as defendants in your lawsuit for negligence and strict liability.  If the case is settled with one but not both insurance carriers, only name the party with whom the case has not settled as a defendant in your lawsuit.  If you are dissatisfied with settlement offers from the insurance carries, reject the settlement offers and file your lawsuit for negligence and strict liability.  If the case is NOT settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption