I purchased a 5 hour energy drink from the dollar store , bad move I know, on 1/4/19. Within five or so minutes of drinking it I was extremely nauseous and began vomiting. Realizing that drinking the 5 hour energy drink was the only thing I had done differently, I checked the expiration date. It expired 1/14. Not use by, best by or best until. EXP 1/14. Five years ago. Is this legal?
If you got food poisoning (vomiting) and can show you suffered damages you can sue for personal injury claims (medical bills and related expenses + pain and suffering). It is difficult to prove and your damages are low. Personal Injury lawyers work off a contingent fee (they win if you win). You can consult with one for free and see if they would take your case. It does not appear you suffered too great of damages (not much money) so it is not a strong case.
It might be simpler to confront the store manager and ask for a settlement that you are comfortable with. You can always notify the Virginia Beach Health inspector and make a complaint.
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