I was wondering if I could sue Gelson's Market for selling me two contaminated sushi dishes last week which caused me to spend 3 days in the hospital with a severe virus? I had sushi for lunch on Thursday with my family and started feeling ill that evening. I called the store to let them know as we frequently shop their, and a manager basically said the sushi chef was off today and they couldn't change the display and I should of paid attention to the dates and hung up the phone.
Anyway, I had to spend days in the hospital and despite insurance still had to pay nearly $20,000 to UCLA.
Your hospital records should identify the virus that was making you ill. It may be possible to match that with sushi. You will need to get the records and have them reviewed by an attorney and a physician. Do you have the Gelson's receipt and any packaging for the sushi?
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
If your doctor is ready to support that the suchi caused the hospital stay you can visit a local personal injury lawyer
Possible but difficult it can from the sushi unless you have evidence it also happened to others at or about the same time, evidence of poor food handling practices there, or someone who works there who can corroborate either poisoning happening to others or bad handling practices it will be difficult as you do not mention the food poisoning happening to others in your party. The poisoning can take as little time as a few hours but can take days or longer to develop.
Call around to some personal injury attorneys in your area to discuss what happened. Not something I'd take, but maybe you can find an attorney who is interested in helping you. Best of luck.
I have worked on similar bad food cases. It's worth checking out. You definitely need your medical records.
It seems like you may have a case, albeit complex and hard to prove. Generally, a grocery store has a duty not to sell poisonous food and should have regular inspections in place to make sure that the food that they are selling has not gone bad. If they do sell poisonous food and as a result, a customer gets sick, they will have to compensate that customer for not only his hospital bills and out of pocket expenses but also for value relating to his pain and suffering, emotional trauma, inconvenience, etc. This seems like a hard case to prove without a lawyer as the supermarket will likely dispute liability. Preserve all records of communications with the super market, obtain all your medical records, including bills and what the insurance paid and contact a personal injury attorney. These attorneys work on a contingency fee basis so you won't have to pay anything up front; and only if there is a recovery.
This response is unverified and meant to provide general information. It does not constitute legal advice and in no way establishes or offers to establish an attorney-client relationship. If representation is sought, contact your local attorney bar association.
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