I bought these chocolate chip cookies over there, they were on a shopping cart with other cookies and they were on sale for 1 dollar. I never even check the expiration dates but when I got home and one cookie I noticed it taste like poop so I checked to see if it was Dog Treats or something. But it had actually expired a hell of long time ago. Do you think its wrong for them to sell something sooooooo expired? I mean, doesn't the health inspector ever show up? Have you had htis experiebnce before and what did you do?
2006-08-14 13:17:01 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
The selling of expired cookies is actually the vendors fault. The store does not and is not required to check expiration dates on all of their products, only products that they package there such as meat or food from the bakery or the deli. The vendor is supposed to come in periodically and check expiration dates and check packages for damage and if they find it then they are supposed to replace it. If you want to sue someone then go after the vendor but like the first person said to take someone to court is going to cost you a lot more than what you paid for the cookies. The best thing for you to do is call the customer service number on the package and let them know what has happened, then go back to the store with your receipt and get a refund and let the manager know where at in the store you found them. GOOD LUCK
2006-08-14 14:16:31 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, be sure to get your money back, some grocery stores are crummy, or people make mistakes and the store could counter sue and say you should of read the date. However if there is no date and you and one other person gets sick, then it is called a food born illness, then yes you can. It is hard, you would have to find the other sick person or people. Also old cookies might taste so bad they make you puke but they will not cause any illness except taste very bad or have bugs. You can complain to management, then the dork who left the expired food could get fired. I would keep looking and if I found expired stuff I would show the manager every time, being very persistent. At this one grocery store I go to the dorks always have tons of expired lunch meat and they do not mark it down. I do not like that store.
2006-08-14 13:31:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Why would you want to sue? So you don't have to work anymore because you ate an old cookie. Have you ever had anything in your fridge expire? If you gave your neighbor a cup of expired milk, should they sue you? This government really needs to do something to people like you that want to file frivolous lawsuits all the time. They should make you pay all court cost, attorney fees (for both parties) the judges salary as well as the bailiff and anybody else who had to attend. That would cut back on alot of these frivolous lawsuits
2006-08-15 01:42:14 · answer #3 · answered by wilfreds805 2 · 0⤊ 0⤋
You could likely get some settlement from Winn Dixie on this if you don't want to go to the trouble of hiring an attorney. I'm not a lawyer, but I thought you had to prove "harm" to win a damage case. But I can't believe Winn Dixie would want it to be publicised that they are selling cookies that were out of date last November. It should be worth a least a few hundred bucks I think.
2006-08-14 13:35:22 · answer #4 · answered by perdidobums 5 · 0⤊ 0⤋
No, you can't sue, but I tell you what you can do if you get home and discover it's expired. Call the telephone number of the cookie manufacturer, provide them with the serial number they'll ask you for, and not only will the store OR the store's vendors start being held accountable for selling fresh products, but you might get free cookies too.
The gas station near us had a babit of continuing to sell old stuff, repackaging some of it, and we've called the customer service number or sent letters to the food companies each time we discovered the truth about the age or food quality. We found out it's not the store's fault, but the individual vendors. Sounds like hogwash to me too, a store should check what's on the shelves, but yeah, they can wiggle out of liability by saying it's the vendors' faults.
Hopefully your grocer doesn't "donate" the old food to homeless shelters and charities.
If all else fails, start going to a different store.
2006-08-14 13:28:48 · answer #5 · answered by *babydoll* 6 · 1⤊ 1⤋
No, but if you report them, they will be fined. That is illegal, unless they notify the customer of the fact.
Chances are, they did not stock the shelf with the cookies, but a vendor for the cookie manufacturer. But the store should be checking the expiration dates of the product.
But what really concerns me is that you know what "poop" tastes like, and that dog treats taste like poop. It is all rather disturbing. . .
2006-08-14 13:54:47 · answer #6 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
I suppose you could try I have seen people sue for the same stupid stuff. If it were me I would just bring the cookies back and you would probably receive a refund and a gift certificate. No one is perfect and watch you home then in case any body you know tries to sue you over something they ate in your house that may be expired.
2006-08-14 13:27:33 · answer #7 · answered by twinsmakesfive 4 · 0⤊ 0⤋
Depends on the facts, but it sounds like she's going to lose. The actions of the store had to be unreasonable. She would basically have to make a case that the store owner was somehow negligent, either by showing that they knew about the spill but didn't take adequate measures in cleaning it, or somehow they created a situation where it was extremely likely that soda was going to spill on their floor and cause someone to slip. My guess is that neither of those happened in this case. She can't sue just because someone accidentally spilled some soda and she happened to slip on it before someone had a chance to clean it up.
2016-03-27 01:55:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I doubt you would get far with a lawsuit unless you suffered some real harm (apart from a bad taste in your mouth) like a perforated intestine or explosive diarrhea which resulted in dehydration (or the like).
Probably the best you can hope for is getting your money back on the poop cookies.
But my mom once ate a moldy corndog at Dairy Queen and they gave her a $100 just because she complained so much.
So, anything's possible.
2006-08-15 12:23:18 · answer #9 · answered by Zippy 7 · 0⤊ 0⤋
I check expiration's and hand them to the manager to let them know I know. I've found a few at Winn Dixie and other stores.
2006-08-14 13:22:47 · answer #10 · answered by Anonymous · 0⤊ 0⤋