Chapter 4 - § 4.6 • NEGLIGENCE ACTIONS AGAINST FOOD MANUFACTURERS

• Jurisdiction: Colorado

§ 4.6 • NEGLIGENCE ACTIONS AGAINST FOOD MANUFACTURERS

Although there are not many published cases on product liability actions against food manufacturers, one of the four Colorado Pattern Jury Instructions addressing negligent product liability claims involves food lawsuits.⁷⁹ This instruction states:

For the plaintiff, (name), to recover from the defendant, (name), on (his) (her) claim of negligence in (manufacturing) (packaging) (bottling) (placing upon the market) a (package of food) (bottle of beverage) for human consumption, you must find all of the following have been proved by a preponderance of the evidence:
1. The defendant (manufactured) (packaged) (bottled) (placed upon the market) the product for human consumption;
2. The plaintiff was one of those persons the defendant should reasonably have expected to (use) (consume) (or) (be affected by) the product;
3. Because of negligence of the defendant the (package) (bottle) contained a foreign substance when it left the possession of the defendant;
4. The plaintiff (ate) (drank) the (food) (beverage) with the foreign substance in it; and
5. The (eating) (drinking) of the (food) (beverage) caused the plaintiff (injuries) (damages) (losses).⁸⁰

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Notes:

^[79] CJI-Civ. 14:20 (CLE ed. 2019). It is worth noting that as...