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Kudler Fine Food

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Kudler Fine Foods’ Product Liability

Kudler Fine Foods Company provides quality products to their customers with selected foodstuffs, wines, and related needs. They know their products and the best way to provide quality products to the customers with the most concerns and responsibility to the company. The company needs to understand how to handle numerous legal issues and be able to address the problem so that it will not compromise the purpose of the business, as well as the conservation of resources spent in fixing the issue (Apollo Group, 2012). According to "Product Liability" (2012), Liability “refers to the legal liability of manufacturers and sellers to compensate buyers, users, and even bystanders, for damages or injuries suffered because of defects in goods purchased. A tort which makes a manufacturer liable if his product has a defective condition that makes it unreasonably dangerous to the user or consumer”.
The case of Ashley Pelman, v McDonald’s, the plaintiff, a minor, is suing McDonald's Corporation. Under the ground that the plaintiff suffered from physical ailments as an alleged side-effect of consuming their products. Ashley alleged that McDonald's carelessly and purposely caused injury by selling an inherently dangerous product and failing to warn consumers of the health effects of consuming their food. Ashley suffered from health issues ranging from obesity, diabetes, and other health effects. ("McDonald’s And Product Liability Lawsuits", 2010). In this product liability law suit claims that McDonald's engaged in deceptive advertising. McDonald’s placed a percentage of responsibility on the plaintiffs to use common sense in consuming fast food. The court concluded that the plaintiff had failed to allege "that the McDonalds' products consumed by the plaintiff were dangerous in any way other than that which was open and obvious to a reasonable consumer." In using the 'open and obvious' legal standard, the Pelman court placed a degree of responsibility on the plaintiff to use common sense in consuming fast food. (Pay Producer,2008). Product liability laws are meant to make sure that companies are held liable for dangerous products sold to consumers. The way to have avoided the suit, McDonald's should have made sure they disclose all information about the food product and what it contained by announcing to the public and making sure that factual data is posted at every restaurant and announced in commercial. Other suggestion to McDonald's would be to change the menu and have healthy options available with information about the healthy foods like fruits and vegetable that could be replaced with the more common french fries that are serve. McDonald’s probably thought that consumers would no longer eat fast food, but in the long run we all know that would not have happened, Americans are obsessed with fast food (" Americans Are Obsessed With Fast Food: The Dark Side Of The All-American Meal", 2009). Kudler Fine Foods has been using a family member as her attorney for major litigation. The reason behind using a family as attorney is to limit the cost to retain a lawyer that would charge the company more than the family attorney. The few lawsuits that have come to the company have been settled with no courts getting involved. Understanding these few little plans is one of the best ways Kudler’s stays ahead in their market and does not seem to worry about squandering the company’s profits into the legal system (Apollo Group, 2012). Laws are meant to ensure justice between companies and consumers are not unfair or deceptive. Companies like Kudler Fine Foods must be prepared and always have a legal team that protects the company from such lawsuits that could tarnish the company’s reputation.
Kudler’s Fine Foods should consider modifying the legal department to reduce the risks of costly litigation lawsuits, in order for the company to achieve this objective, Kudler could use research compliance database tools such as Lexis Nexis. The company provides products and services for legal, business, academic, and government professionals, also archives legislative and regulatory filings and legal material. Westlaw is a company like Lexis that provides similar services. Westlaw is one of the primary online legal research services for lawyers and legal professionals. Kudler’s Fine Foods could benefit from this company by being able to use their database services, e-filing, witness identification, case analysis, court docket tracking, and most importantly are the legal document preparation. Information resources on Westlaw include more than 40,000 databases of case law, state and federal statutes, administrative codes, newspaper and magazine articles, public records, law journals, law reviews, treatises, legal forms and other information resources ("How To Use Westlaw", 2012). Westlaw can also provide information from its customer support section, any question on how much is paid and what Kudler’s would be paying for. It also has a research support center where clients are able to ask questions and reference attorneys. Site also provides technical support twenty-four hours a day. Kudler would benefit from using this site from lawsuits that would jeopardize the company. There is another company that also is useful for Kudler, Bloomberg Law. The company provides a system that powerfully integrates company and market information, proprietary news and comprehensive legal content—all searchable in one place ("Bloomberg Law ", 2012). The website seemed to have the same information that the Westlaw site, being able to get documents needed and legal information is what would help Kudler in know what to do if a situation arose that legal information was needed;, knowing the company will be able to keep appointment fees to a small percentage is a big plus to stay afloat in this area and both of these companies offer fees appropriate for a small business.
Kudler must increase their current legal knowledge and utilize the tools at their disposal, such as Westlaw. Westlaw web page was very informative, well-structured and provided all the tools helpful for Kudler Fine Foods in straying informed over foods and potential dangers specific foods can bring to a retail outlet, and to the consumer. The company should also stay informed about And with Kudler keeping a strict eye on the quality and storing of their products, mixed with adequate facility cleanliness, the food itself should increase in quality control overall so that customers will continue to return to purchase their quality products. The budget for this new expense can be added to this year plan for next year’s forecast, but add to this year Office expense.

References

Americans Are Obsessed with Fast Food: The Dark Side of the All-American Meal. (2009). Retrieved from http://www.cbsnews.com/2100-204_162-326858.html
Apollo Group Inc. (2011). Virtual Organizations. Retrieved from https://ecampus.phoenix.edu/secure/aapd/CIST/VOP/
Bloomberg Law . (2012). Retrieved from http://about.bloomberglaw.com/
How to Use Westlaw. (2012). Retrieved from http://www.ehow.com/how_2125667_use-westlaw.html
McDonald’s and Product Liability Lawsuits. (2010). Retrieved from http://voices.yahoo.com/mcdonalds-product-liability-lawsuits-6644390.html?cat=70
Product Liability. (2012). Retrieved from http://www.products-liability-insurance.com/what-is.php

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