Is there a legal problem if we offer that food and it turns out to be bad and the consumer gets sick? 3 Answers as of September 28, 2015

We operate a non-profit food pantry and we get out of date food donated to us.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, you could be responsible if bad food causes illness.
Answer Applies to: California
Replied: 9/28/2015
Law Offices of George H. Shers | George H. Shers
Yes, you might have problems, especially if the food was very old. If the person who gets sick hires an attorney [not very likely unless they get very sick since it would not produce much of an attorney's fee; unless it is a "public interest" attorney], they would name you as a defendant. You can protect yourself by having a commercial donor tell you how long the food should remain fine to eat and have the recipients sign a waiver saying they know the can shelf life date has passed. In general, you should have them sign a waiver of liability form; even though that waiver probably would not hold up in court, it does discourage people from suing.
Answer Applies to: California
Replied: 9/28/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
Yes. You can still have liability.
Answer Applies to: California
Replied: 9/28/2015
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