Is the nation’s largest grocer being ignorant or overcautious? Or has it reckoned that even a “gross negligence” standard will not prevent it from being a target after some future incident of food poisoning?
Wal-Mart Stores, Inc., the nation’s largest food retailer, said Thursday it will no longer donate nearly-expired or expired food to local groups feeding the hungry….
Olan James, a Wal-Mart spokesman, said the policy, which applies to all 1,224 Wal-Marts, 1,929 Supercenters and 558 Sam’s Clubs, is an attempt to protect the corporation from liability in case someone who eats the donated food gets sick….
Ernie Brown, a spokesman for Sacramento’s Senior Gleaners, which received about 25,000 pounds of food in 2005 from Sam’s Club on Greenback Lane in Citrus Heights, said most food is fine to eat for days after the “sell-by” date.
He said Wal-Mart’s concerns about liability seem misplaced in light of the Good Samaritan Food Donation Act, a federal law passed in 1996 offering food donors wide-ranging protections from civil lawsuits or criminal prosecution. The law states that donors can be held liable only in instances of “gross negligence.”
“Lord, we get millions and millions of pounds from Raley’s and Bel-Air and Albertson’s, and they don’t have a problem understanding the law,” Brown said. “Why don’t Wal-Mart and Sam’s Club understand the law?”
The food will be thrown out instead. (Todd Milbourn, Sacramento Bee, Jan. 6). More: Dvorak Uncensored, Jan. 11.
5 Comments
… can be held liable only in instances of “gross negligence.”
Imagine….if this was the standard for torts of all kinds…
I wouldn’t want to bet that a skilled member of the plaintiff’s bar could not get a jury to ignore the “gross negligence” standard.
Given the penchant for juries to dive into the nearest deep pocket in sympathy with anyone claiming injury, Walmart’s decision, while disappointing, is clearly rational.
“Raley’s and Bel-Air and Albertson’s” don’t have targets the size of a small state painted Raley’s and Bel-Air and Albertson’s like Wal-Mart seems to these days.
Agree, Deoxy. Wal-Mart has an antifan club that the others do not.
Since the food is simply going to be thrown out otherwise, so that little or no money is saved by this change in policy, it’s hard to imagine what else the motive might be.
Motive? Because Walm-Mart is EEEEVVVVIIIILLLL!!! Evil I tell you!
And I am officially stealing “antifan club” for personal use! đŸ™‚