Is the grocer liable to the guests for breach of the warranty of merchantability?
410086
It can also be how it was stored or carried home.  Seafood is like pork and chicken.  If the preparer gets it over a certain temperature than the food will begin to grow enzymes that may cause such illnesses like the GI distress.  So you know if the meat stayed out for an extensive amount of time from the store to home?  The grocer will only have to assume liability to the person who purchased the product.  Food poisoning is very common if you are not watching and preparing food at correct temps.  Keep that in mind while doing your research on who should be at fault.
491473
I suggest that you contact your local Ministerial Council on Consumer Affairs, and ask their help to resolve. The main site is:\nhttp://www.ocba.sa.gov.au/\nGood luck!
1061100
Absolutely zilch! A furniture co. recently took my money, never delivered products worth 2500.00, then closed up shop. 2 months before close, I knew this was going to happen because the owners kept ducking me. So, I contact BBB. A bunch of mumbo jumbo---we're right on it. We'll file a report. ZILCH. By the time they got to my case, the store was shutdown. If you really want a better shot (also depends on the circumstances), call local authorities. I am dead serious. I called the DA's office here in SF--the consumer fraud division--those guys are on shady business practice sooo fast. Again, not sure what your situation is or how much but take care of it before the possibility of those scrupulous owners filing bankruptcy. When that happens, you are as good as SOL.
534620
The consumer has the ultimate responsibility in their purchasing decisions.  Like any other decision, an uniformed purchasing decision can frequently be an incorrect decision on any of a multitude of levels.
474935
The Song-Beverly Consumer Act gives the purchaser an implied warranty of merchantability an implied warranty of fitness on goods, provided that the goods are not excluded from these warranties. One example of excluded gods are goods that are sold "as is", providing that they bear the required written disclaimer.\n\nMore specific cases of what's included, excluded, or can be covered by an additional service contract or warranty are in the text of the bill, which is available through the source link.
278835
When you buy a product from a company, you have statutory rights that protect you from buying faulty products. You must insist on a full refund from the shop. If you accept the partial offer, you will waive all your rights. Do not allow them to bully you. The law says that they must either replace faulty goods or refund you in full. \nIf you cannot resolve this with the shop, you should contact the local authority trading standards department who I can assure you will have nothing better to do and will work your case with full gusto.\nAnother option for you is, BBC.co.uk/watchdog.\nWhen the manager of the shop phones you, inform them that you will use these options. You should find them more compliant. Good luck and let me know how you get on.
462953
consult a lawyer about whether they can sign a waiver that absolves you from liability since they ALTER the product before they resell it.
558659
No because it is hurting someone. It is hurting the store especially if it is done on a repeated basis. And that in turn hurts the customers who have to pay more in that store.
88413
Absolute liability?  Resevoir breaking?\n\nYour turn.  Palsgraff v. Long Island RR.
972171
Why would it be?  When you purchase something, unless it is defective or doesn't do what the seller claims, you have agreed to pay the amount.  Partial payment could cost you much more, if the seller decides to settle the matter in small claims court.
124023
That happend to my husband after opening up something, think it was a tv dinner from Reesers. He was eating, and soon found a piece of a rubber glove in his food. We called the company, they knew nothing about it and said all they would do was send coupons which they did, about $40 worth. I was still kinda ticked about it, for one they were rude. But when I did talk to someone about it, they pretty much told me that something like that is very hard to prove and that alot of people will plant things in the food, trying to get money from the company. Like the Wendy's story with the finger. So I don't think something like that would be an easy case in court, you might be better off just calling the company and complaining, and see what they will do.\n\nI'm sure if someone had lost a finger or been hurt at the company they would have closed all the lines and destroyed everything that day.
508899
Legally - yes, if you are serving the alcohol you can be held liable for your guests action while he/she is intoxicated. For example, if he/she wrecks on his way home from your house while trashed, the victim of the wreck can actually sue you as well as the drunken driver
1017629
maybe not sue but they should pay for any medical expenses if  their neglect caused the problem.  if you know for a fact the several people have tripped over the same area and the business knows about the hazard and refuses to do anything about it yes you might have a case.\n\nBUT\n\nIf you tripped over you own two feet the business could not have prevented that , you might think about suing your parents though.  you probable inherited big feet or being clumsy from them.  So they are more at fault then the business is especially if you are always tripping over things even when there is nothing there to trip over.
194853
Wow. I thought this would be easy, but Oklahoma's official web site is definitely NOT OK.\n\nYou can call the Consumer Protection office in the OK Attorney General's office, or find a library with the state laws and look up the Uniform Commercial Code, Article 2 (usually), which governs sales and warranties. Try to use an annotated set of the laws, so there are summaries of cases decided using each section. There may be separate Attorney General or other regulations on "lifetime warranties" as there are in MA, but you will not be able to find them through the official web site.
1111501
Depending on situations- Is there anything that refers to this situation in the " terms of agreement "?\nIs there any indication that remaining merchandise is on back order? B/O\nIf so that business can not refuse shipment.
86179
I am not a lawyer and you did not make it totally clear, but it seems like your obligation is only to the Franchisor and not the owner of the property. Of course that assumes that you were never a party to the original lease.\n\nIf the Franchisor has released you from your contract, then you would be clear.
236560
The Companies do not always want the products liability.  I just insured a pharmacuetical maker, and had to write the products liability on a separate non-admitted carrier paper policy (kinda like Lloyds)\n\nAsk around.  And the person that answered that was a homeonwer specialist is correct.  Your current carrier could deny coverage, check into it.