If a store is selling expired food by 1-2 years and you get sick or even food poisoning ....could you sue the store if you have proof that you actually got the food from there and you still have the container the food came into..and the receipt. Could You sue the them? What kind of lawyer would handle this kind of case?
2007-01-24 06:03:34 · 6 answers · asked by TheKid 1 in Politics & Government ➔ Law & Ethics
Yes, you could sue the store. You would want to find a personal injury attorney who handles these kinds of cases, not just one who does car wrecks. Some things to take into account: you'd have to prove that the fact that the food had expired caused your illness, and you'd have to prove how the expired food damaged you. You could ask for medical expenses, pain and suffering, and the like, but this kind of action can get very expensive (you'd need an expert witness), and you'd probably have to hire an attorney on a contingency fee basis, which means he or she would get a percentage of the recovery. The store might bring the food manufacturer into the lawsuit, and then you'd have two other parties to deal with.
In short, unless you suffered major health problems from the expired food, suing the store is probably not worth your time and energy.
2007-01-24 06:15:39 · answer #1 · answered by EmKay 3 · 1⤊ 0⤋
While there is some responsibility on the part of the store to keep fresh food on the shelves, there is also some responsibility on the part of the buyer to make sure that what they are purchasing is in good condition.
Something that old would be very difficult to prove that it is the same package you purchased from the store. You may have a reciept, but it doesn't mean the old package you have is the same one the store sold you.
After working in a grocery store for several years, I find it very difficult to believe that there was something on the shelf that was 1-2 years out of date. The shelves and everything are typically culled daily for out of date product.
Caveat Emptor -- buyer beware
2007-01-24 14:30:42 · answer #2 · answered by Goose&Tonic 6 · 1⤊ 0⤋
Contact the health department before taking legal action. If you notice their food is expired, bring it to the manager's attention instead of buying it and complaining about it. Or just shop elsewhere.
2007-01-24 14:14:21 · answer #3 · answered by angelicjolie2000 3 · 1⤊ 0⤋
You seem to want to sue alot of people! How about bringing it to the managers attention? How about the health department? Not everything needs to be in court. Think about you being sued, wouldn't you have rather someone tell you and you correct it than being sued???
2007-01-24 14:10:27 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Call the Health Department and get an attorney quick! Try Personal injury attoneys or ask your State Bar Association. Put them on the Local News Media...
2007-01-24 14:18:26 · answer #5 · answered by Sassy 3 · 0⤊ 2⤋
maybe you should try reading the label before you buy expired food instead of blaming someone else for your stupidity
2007-01-24 14:12:14 · answer #6 · answered by smarty pants 3 · 2⤊ 0⤋