is there any legal action i can take against lipton tea company

I am licensed in Nevada, but the law in Florida should be similar.

You have a case if you can prove two things: 1) that Lipton did something they shouldn't have or failed to do something they should have which led to the tea being dangerous to consume; and 2) that, as a result of the act or failure to act, you were damaged.

Clearly, something caused the food poisoning causing you to be ill. Your damages would include the medical bills related to the illness, any income lost as a result of the illness and the pain and suffering that you experienced as a result of the illness. In this case, damages are the easier part.

The hard part is going to be proving that the tea caused the illness. It's a good thing you kept the bottle so that it can be tested. Also, did anyone do a stool sample or some other test to determine the nature of the virus that caused the illness? The causation issue becomes easier when you can show that the virus that caused the illness was related to the contents of the tea. The last part of the causation issues would be to show that the virus got into the tea as a result of something that happened at Lipton. For instance, it is always possible that the tea got tainted after it left the plant.

It would be great if whatever tainted the tea could only have come from Lipton. Not likely, but not necessary either. Both elements (causation and damages) need to be proved to a probability. This simply means that it must be shown that Lipton caused the tea to be tainted by an act or omission "more likely than not" and that the damages were related to the tainted tea "more likely than not."

Hope this helps.

/s Donald C. Kudler, Esq.

The causation part of your claim is likely the most difficult. Get some tests run on the sample and have your doctor look into what could have caused such a reaction. Then see an attorney with those results to determine if you have the chance to make a claim.