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Tort Liability For Death By Poisoning, Lawrence Landsroner

Cleveland State Law Review

Liability in deaths resulting from accidental ingestion of harmful material, toxic food, or drug product often is difficult to ascertain. Lack of compliance with the Federal Food and Drug Statutes, or with the State or Municipal Code, often is the critical problem. Determination of liability in these cases usually rests on one of three major bases, in cases involving manufacturers and distributors: (a) That the product is improperly labeled. (b) That it is not labeled in compliance with the municipal, state or federal laws. (c) That it is an inherently dangerous product. If any one of these bases is established, …