I was sold molded expired (more than a year expired) cheese from a grocery store. My family consumed it and got sick. We were not hospitalized but we did have to go to the hospital. We endured, stress, stomach pain, diarrhea and other issues. I was also pregnant at the time. I filed a claim with the store, and their insurance company contacted me and gave me a claim number. The manufacturer also sent me a letter accepting responsibility for the cheese sold to me didn't pass quality control and apologized to me and my family. If I file a lawsuit, who are the legal parties that have to be named as the defendant on the complaint?
The producer or manufacturer, the distributor of the cheese and the store that sold It are all potential defendants. I suggest that you retain an attorney to file this type of claim for you, as product liability claims are not something which I would recommend to the layperson. You also have potential claims for breach of warranty, breach of contract, negligence etc.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Hi and I hope you are feeling better. Mold cheese, just a like a blender or a lawnmower is considered a "product" in California and product liability laws apply. Your questions asks who should be sued in a case like this. Well, under California product liability law, any entity or person involved in the design and manufacturing or involved in the chain of distribution is a potential defendant. So the maker the cheese, the importer of the cheese, and the retailer who sold you the cheese are all potential defendants who should be named in any lawsuit you choose to file.
The manufacturer, distributor and store are all potentially liable and on the hook. My advice is to consult with a licensed California personal injury attorney. Most personal injury attorneys offer a free consultation and case evaluation. It is essential to meet with an attorney at your earliest opportunity in order to preserve your claim in lieu of the statute of limitations.
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