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

Asked over 2 years ago - 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)

  1. F. "Bill" William Powers

    Contributor Level 17

    1

    Best Answer
    chosen by asker

    Answered . 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... more
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    Answered . 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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