Pitted Olives

Question for my readers:  I'm a big fan of Kalamata olives, especially those that have been pitted.  But the brand I've been buying, marked "pitted" clearly, contain the occasional olive with a pit.  From a legal point of view, is the brand liable for these olives, especially if one bites down and breaks a tooth?  This hasn't happened to me, but I'm just curious.