Caroselli, Beachler & Coleman, L.L.C.

Refrigerated trucks may not be providing refrigeration

It's a common site to see refrigerated trucks driving along our Pennsylvania highways. Yet there's a possibility that not all such trucks transporting food items contain adequate refrigeration.

What this could mean is that not all food on our grocery shelves will be as safe as it seems, and that the designer of such trucks could be held liable under products liability theory. Likewise, suppliers of spoiled or contaminated food due to poor refrigeration may also be held liable as well.

This has proven to be the case concerning a number of trucks that have been pulled over across the country. Though certain states have legislation that disallows such practices, trucks have been known to carry food at above acceptable temperatures, that does show spoilage, or are loaded in such a manner that the possibility of cross-examination exists.

Milk, for example, needs to be shipped at temperatures right around 45 degrees Fahrenheit. However, certain trucks have been found carrying such items at temperatures as high as 69 degrees. This may be due to individuals turning the temperatures up until shortly before the shipment is actually delivered, or it could be because the truck was not designed to provide adequate refrigeration.

Though this is just one example of a product that may ultimately turn out to be defective, it is significant because it involves the food that we consume. Individuals injured due to consumption of such food may wish to consult with a products liability attorney to determine whether a case exists in holding manufacturers or vendors liable.

Source: Courier-Journal, "Food Safety: Overheated transport trucks spark concerns about spoilage," by Megan Banta, August 10, 2012

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