About a week ago I reported that a recently filed lawsuit against Panera Bread Co. alleges it should be liable for the death of a young woman who suffered cardiac arrest after drinking Panera's "charged lemonade" which allegedly contained more than 300 ml of caffeine at the time.
Now comes news that a second wrongful death lawsuit (on behalf of the beneficiaries of a 46-year old man) based on similar allegations has been filed in Delaware. The Hill has the story. NPR also has coverage.
Two years ago I reported that a California Appellate Court held that Amazon can be liable in products liability for products sold by other vendors through Amazon. See here. A few months later, the Texas Supreme Court reached the exact opposite result. See here.
I am writing about this today again because a a federal court in Louisiana recently declined to issue judgment in favor of Amazon on its argument that it is not liable for products sold by about two million “third party sellers,” such as the one that sold a defective battery charger that caused a deadly house fire resulting in this wrongful death lawsuit. You can read the decision here.
December 4, 2023
Back in 2012-2013 there was a lot of discussion on possible claims for damages caused by "high energy" (read: highly caffeinated) drinks. Go here and scroll down to refresh your memory.
The topic is now back in the news. A recently filed lawsuit against Panera Bread Co. alleges it should be liable for the death of a young woman who suffered cardiac arrest after drinking Panera's "charged lemonade" which allegedly contained more than 300 ml of caffeine at the time.
The Legal Eagle YouTube channel has a detailed explanation of the case.
UPDATE 12/10/23:
Additional coverage on the case at The Legal Examiner
A second wrongful death lawsuit has been filed in Delaware. See here.
