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I bought a bag of food from the store and they were bad; I ended up going in the hospital and they had to perform surgery ?

Orlando, FL |

I went to Walmart and got a bag of tator tots and some other things . The tator tots I bought had rotten ( hidden yellow pieces of potato in the tator tots ) . Anyway I ate them and they looked alright ( of course I could not see the inner part ) but I keep getting sick ( a stomach pain ) I threw up 1 time and at the end of the bag I got a horrible pain that I could not handle . I called 911 and the man came to save me . After being at the hospital the doctor gave me a few test and resided I needed surgery . I asked them to please wait because I was not happy with getting a never ending scare on my body . It is so ugly - I have not even found my husband and now my body / skin is permanently ruined . What are my options ?

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Attorney answers 5


First thing I would report the bad product to Wal-Mart and the manufacturer. I do not see what they stated was wrong with you. Your physician would need to be able to relate the surgery and injuries to the bad product. Sounds like your medical records need to be reviewed by an attorney. I would look for a local personal injury attorney and let them review the facts in detail. Good luck.

Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue.


Florida law does allow you to be compesated in most cases for damages caused by the negligence of others. You must prove that someone owed you a duty, here it is that product was worthy for consumption, next that someone breached that duty, next, that that person or company was the cause of your sickness and injury, you must also establish that there were no other underlying issues that where the proximate cause of your illness, if you can establish these items you can then calculate your damages by your out of pocket expenses, minus any collateral source set offs, permanent scarring, pain and suffering. However, in a possible tater tot food poisoning case it is rare that surgery would be needed. Therefore, you would have to establish first, if the tater tot was acually the root cause of the tort, in your question you said "you kept getting sick and at the eand of the bag," I am confused whether you ate the whole bag at once or you ate them over a period of time? If you ate them over a period of time and got sick every time you ate them, then it could be established as a defense that you knew the tater tots where bad. You ate them all, so having the product tested may be difficult, second, you will have to establish who has libility, if anyone does, (the manufacture, the food handler, the store who peddeled them, or possible you by the way the food was handled and stored, ect). If you ate them with others and they got sick as well it would help your case, but in closing it is unfortunite that you have been faced with such a crisis, however, in these situations it can be difficult to have a jury find that by eating tater tots you needed surgery.


Report the incident to Walmart and the manufacturer of the tots. As my colleague indicated your illness and resulting surgery would need to be correlated to your ingestion of the tots to bring a claim.

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What was the surgery? Was it related to the tots? Have one of the local lawyers who answered above investigate this.

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You need to speak to a local personal injury attorney to discuss your options.

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