Man Sues Walmart, Purina; Claims Chinese Treats Killed his Dog

Last week, Dennis Adkins filed a lawsuit in federal court in Chicago against Walmart and Nestle Purina. In the suit, Adkins claims that a tainted dog treat produced by Nestle Purina and sold by Walmart killed his 9-year-old Pomeranian, Cleopatra, the Chicago Sun-Times reports.

Adkins’ product liability suit seeks more than $ 5 million in damages from the manufacturer and the retailer. While product liability and wrongful death suits are staples of personal injury law, it’s not every day that such suits are brought on behalf of a pet.

Adkins said he bought the treats on March 11, and soon after eating them, Cleopatra became ill. The dog refused to eat, but gulped down water. A veterinarian told Adkins that the dog’s kidneys were shutting down. Cleopatra died on March 26. Adkins’ other Pomeranian, Pharaoh, refused the treats.

The treats consisted of chicken-wrapped yams and were made in China. In 2007, the U.S. Food and Drug Administration issued a “cautionary warning” for dog treats imported from China. As a result of a spike in reports of dogs becoming ill and even dying from such treats, the FDA reissued the warning in November of last year.

The FDA advised pet owners to be on the lookout for symptoms like increased water consumption and decreased activity, both symptoms Cleopatra experienced. However, the FDA has never recalled any of the China-produced treats, as no contaminant has been found in the products.

Generally, product liability law requires that a product meet the ordinary expectations of a consumer. Consumers usually don’t expect a product to have a dangerous side effect or defect. If a consumer is somehow injured as a result of such defect, he may bring a product liability suit against the manufacturer or seller of the product, claiming negligence, strict liability, or a breach of warranty.

In his lawsuit, Dennis Adkins contends that he didn’t give Cleopatra more than the recommended one treat per day and that the dog had no other dietary changes. According to a Walmart spokeswoman, the company has been in contact with the FDA regarding an investigation of the treats.

Related Resources:


Find a Chicago Personal Injury Attorney (FindLaw)
Chicago Man Sues Purina, Wal-Mart Claiming ‘Tainted’ Chinese Treats ‘Killed’ His Dog (ABC News)
Product Liability (FindLaw)
Dangerous Foods (FindLaw)


 

 

 


The Chicago Personal Injury Law Blog

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