11/23/2016

Turkeys in the Law

Turkeys sometimes make it into the law.  Now, on the day before Thanksgiving, is one case featuring turkey that you may find entertaining.

In 1985 a woman brought a products liability suit against a maker of the aluminum foil pans we all use on occasion.  The woman alleged that she purchased two such pans to make 10 and 11 pound, respectively, turkeys in the oven.  At a point, the 10 pounder was cooked.  But, the 11 pounder wasn't quite done so the woman put it back into the oven. Unfortunately, when putting the 11 pounder back into the oven, the juices that accumulated in the pan spilled onto her arm and (not turkey) breast.

The legal basis for the woman's suit was that there was inadequate warning that the aluminum pan's structural integrity diminished when the pan was heated.  In response, the manufacturer identified there is a very bold, express warning on the pan that the pan must be supported from the bottom and sides at all times.

Unfortunately for the plaintiff, the jury did not agree with her theory.  It is unclear if the turkey turned out moist or dry, but just the same it probably would not have impacted the outcome of the case.  But, with a jury you just never know what will influence the decision!

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