Liability Issue for Injuries from Naturally Occurring Toxins Sent to Puerto Rico Supreme Court

A federal court in Puerto Rico has certified a question to the territory’s
supreme court to determine whether a company can be held liable for
injuries stemming from the consumption of a species of shrimp that
can contain a naturally occurring toxin. Cabán v. JR Seafood Inc., No.
14-1507 (D.P.R., order entered September 11, 2015).

The plaintiff became quadriplegic after eating shrimp tainted with
saxitoxin at a restaurant supplied by JR Seafood. He sued JR Seafood
for strict liability, arguing that the product was defective. The district
court abstained from ruling, holding, “After careful review of the parties’
allegations and applicable law, the court finds that this case relies solely
on an unsettled issue of Puerto Rico law, as to which this court cannot
reasonably predict how the Puerto Rico Supreme Court would rule.” It
then certified two questions: “Under the principles of product liability,
is a supplier/seller strictly liable for the damages caused by human
consumption of an extremely poisonous natural toxin found in a shrimp,
even if said food product (and its ‘defect’) are not a result of manufacturing
or fabrication process?” and “If the previous question is answered
in the affirmative, would it make a difference if the ‘defect’ of the food
product is readily discoverable scientifically or otherwise?”

Issue 578