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Do I have the ability to sue a grocery store chain?

Rocky Mount, NC |

3 weeks ago I went shopping. My son picked up a large (party size) box of pepperoni bagel bites and asked if he could get them. I said yes and he threw them in the cart. That night my son cooked 11 bagel bites and ate some. Later, my son came in my room with his plate with only 4 bagel bites on it and said "Mommy my stomach hurts" and then he began vomitting. The "pepperoni" on top of the bagel bites was a greyish color. He spent the next two nights vomitting and having diarrhea. The next morning I saw that the pizza bites expired in January of 2011!! I went back and told customer service the situation and they didnt care the least bit that he was sick. They refunded me my $9. His doctor suspected food poisioning and the store doesnt care. Could I sue them even though I got a refund?

Attorney Answers 2

Posted

As previously stated, the damages portion from a LEGAL perspective would be de minimis (minor).

AS A PARENT, gracious, that certainly would be upsetting. Best advice: stop going to that store.

Sorry you went through a tough time! It would upset me too.

bill powers
charlotte concord & brevard nc

NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.

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Posted

Hypothetically you could sue for negligence, but even though your son was in significant discomfort for a couple of days, the money damages for this experience would be minimal. If anything, you could consider a small claims lawsuit. Otherwise, I would chalk it up to experience and watch those labels.

Good luck.

S. David Rosenthal
ROSENTHAL LAW
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
Phone: (916)774-7200
Fax: (916)774-7203
sdr@drinjurylaw.com
www.rosenthalinjurylaw.com



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