There has been an increase in vineyard vines lawsuit cases that have been filed in California courts. This is primarily due to the advent of new grape varieties that are being grown in California and often, wineries that have planted these new vines do not know that they are violating a state law. The plaintiffs in these cases assert that they have been injured by the defendant’s negligence when they inadvertently ingested the vines. There are many different types of injury claims that can be filed as a result of this issue. For instance, if you are suing the company “MO Distributors Inc.” for wrongful termination you may claim that you have experienced medical expenses, pain and suffering, and other types of injuries. You may also seek monetary damages for your pain and suffering.
Other claims that have been made as a result of the vineyard owners’ negligence are for injuries related to falling ill from using the home accessories in the vineyard. Many people make claims for injury resulting from products that were sold in the defendants’ vineyards. These can include anything from food that was purchased and served at one of the defendants’ homes and consumed in the home, to prescription medications. Most states have something called the “marketing claim exemption” in regards to the sales of “tobacco products” in a private residence.
There are many different theories of defense that can be raised in a vineyard injury lawsuit. The first defense strategy that most attorneys will raise with their clients is that the products used in the vineyard are perfectly safe under the state law. This includes wine and grapes that have been stored properly. It is important to remember that the state of California is one of the more populous states in the United States, and that this means that there are a high number of wineries in this state.
Another defense that many attorneys will offer is that the grape vines in question were grown in containers on the property of the winery. This is a valid defense in that the containers in which the grapes were stored did not become the actual property of the winery; the containers simply housed the grapes in a controlled environment. If you have suffered an injury in a lawsuit that involves vineyard grapes, it is important to note that the container in which the grapes were stored did become the property of the winery. As such, this factor becomes an important issue for the plaintiff in this lawsuit.
In some cases, the vineyard owners will assert that they did not know that the grapes being grown on their land were the result of a planted patent. This is a defense to their claims of liability. However, this defense can often be defeated on a claim for negligence, if it can be proven that the owner of the vineyard knew that the plantings were patented. If the plaintiff can prove that the defendant knew or should have known that the plantings were patented then the case may have merit.
As you can see, there are many defenses that can be raised in a vineyard vines lawsuit. It will be up to your attorney to determine which defenses will be the strongest for your situation and your claim. If you have been injured in this circumstance, you may want to consult with an experienced personal injury attorney to determine whether or not you have a strong case. Only an experienced attorney will be able to tell you what defenses are likely to be applicable in your situation and if you have a strong case, he or she will be able to build a strong lawsuit on your behalf.
