What are my rights if I ate worm infested packaged fruit from the supermarket?
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What are my rights if I ate worm infested packaged fruit from the supermarket?
Not sure if this is the correct forum
but I had purchased a vacuum sealed bag
of dried mango slices from Trader
Joe’s.
Expiration date is December of 2016.
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night in a dimly lit kitchen, I opened the bag for the first time and inadvertently eaten several slices before noticing small white worms crawling all over them. I got sick from the thought. Couldn’t fully evacuate my stomach. Going to a doctor tomorrow, I’m bloated and restless. Is this common? Do I have any protections?
Asked on July 7, 2016 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The supermarket and the manufacturer of the product are liable for negligence and strict liability.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective.
The supermarket is liable even if it could not have known the product was contaminated.
Strict liability imposes liability whether or not due care was exercised.
Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for the store and manufacturer.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and if applicable, documentation of wage loss. Your personal injury claim filed with the insurance carriers for the store and manufacturer should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with both insurance carriers (store and manufacturer) NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file your lawsuit for negligence and strict liability. If the case is settled with one but not both parties, only name the party with whom the case has not settled as a defendant in your lawsuit.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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