Product liability and its legal implications had witnessed another case when Panera Bread faced a wrongful death lawsuit after two consumers died of drinking a harmless “Charged Lemonade”. Let’s discuss product liability and how state laws deal with it to facilitate the victims. 

Product Liability & Wrongful Death Law

Product liability refers to a legal case when a certain product consumption causes personal injury or death to a person. In such a situation, the state law protects the victims’ rights and helps them recover monetary compensation including medical bills, funeral expenses, and property repairs. 

Take the Help of a Product Liability Attorney for a Wrongful Death Lawsuit

It is hard for the guardians of the victims to prove personal injury or wrongful death due to product liability as the manufacturers can easily manipulate the facts of the incident, making it hard to identify the real cause and therefore influence the plaintiffs. 

Therefore, a product liability lawyer or wrongful death attorney can help plaintiffs or victims get fair compensation after analyzing the incident, gathering the evidence, and preparing a strong basis for the lawsuit. Following are the 4 doctrines of product liability the personal injury lawyer can utilize to prove the claim.

• Strict product liability
• Breach of express/implied warranty
• Failure to warn
• Negligence

Panera Bread Wrongful Death

Several product defects, including design, manufacturing, and marketing can cause wrongful death. In the case of Panera Bread wrongful death, the product had excessive caffeine that can cause cardiac arrest, and other health risks, leading to death. 

Who Can Be Sued For Product Liability Wrongful Death 

According to the law, the wrongful death attorney, on behalf of the victim of product liability, can file a lawsuit against;

• The product manufacturer
• The manufacturers of any part of the product
• The party that assembled the product
• The retailer that sold the product to the consumer

In the Panera Bread Wrongful Death case, a lawsuit was filed against the Panera Bread brand stating that the manufacturers must have known the impact of the energy drink on consumers of various categories including children, pregnant women, old people, and caffeine-sensitive people. 

However, on the other side, the overall argument that surfaced about Panera Bread wrongful death case, was that it was the fault of the “Charged Lemonade” marketing and preparation at individual stores that contributed to its harmful effects. 

Statute of Limitations For Wrongful Death Lawsuit

The statute of limitations for wrongful death varies from state to state. However, in most of them including California, Texas, Florida, New York, and New Jersey, the guardians of the victims can file the lawsuit within 2 years from the date of the victim’s death and recover expenses like medical bills, funeral expenses or property repair in case of motor vehicle accidents. Exceeding the statute of limitations might result in the claim’s denial by the court or the insurance companies. 

What Were The Key Aspects of Panera Bread Wrongful Death Lawsuit

Panera Bread lawsuit had been intense as two people died since they consumed the Charged Lemonade. The lawsuit claimed that the company should have mentioned a warning about the caffeinated beverages that might cause a consumer fatal cardiac arrest The key aspects of this wrongful death suit include;

Failure to Warn Consumers: One of the biggest concerns in the product liability lawsuit was the company’s failure to inform the customers about the high content of caffeine in Charged Lemonade. 

Negligent Marketing Promotions: The company overlooked the critical aspect of vulnerable populations during product manufacturing and marketing promotions.

Causation Liability: The lawsuit established a direct link between drink intake and cardiac arrest of the victim, which is sometimes hard to prove. 

Wrongful death lawsuits can be complicated. However, an expert wrongful death attorney helps the plaintiffs recover compensation for their deceased persons.