I bought expired food from a grocery store and my family consumed it. Can we sue the grocery store or manufacturer?


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Question:

Question: I went to the grocery store and bought five cans of peas and three cans of corn. It is a discount chain but since all food has to go through the FDA, I figured that the food had to be safe in the least to eat. So I paid the discounted price and left the store. I made a salad using the peas I had bought that night. After dinner, I looked at one of the cans that I hadn’t used yet and realized that the expiration date was a month earlier. I went into the trash and found that the cans that I had already used and that my family had consumed were also expired. Do I have a basis to sue the grocery store?

Response: This depends on whether your family became sick due to eating the peas (and not from eating something else). While selling expired food may garner the store a fine from health inspectors in some states, it will not go up to the level of a products liability case unless an injury is involved and in most products liability cases, the injury has to be severe. However, if you do suspect that the peas were the culprit in your case, it is best to get a medical confirmation on your theory. Then, a personal injury attorney will be able to let you know if your case and your injuries have a good chance of garnering a settlement or award verdict that would compensate you for the medical expenses and pain and suffering that you and your family have gone through due to the expired peas being sold at the retailer.

Answered by Marina Ricci

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