Can I sue company ?

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Can I sue company ?

My 2 year old daughter consumed curry paste last night and had an allergic reaction. No where on the bottle did it have any of her allergic foods on or in it. It didn’t state it was made in a facility with peanuts or tree nuts either. The ER doctor suggested it might be cross contamination. I took pictures of her

reaction. Can I sue the company?

Asked on January 28, 2017 under Personal Injury, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In theory you could sue, but there are two significant issues for  doing so:
1) You would have to *prove* that there was some contaminant in the product, which will obviously involve testing it to see if there are peanuts, etc. in it. Without proof of the contaminant, there is no lawsuit--a "suggestion" that cross-contamination is involved does not even being to consitute evidence.
2) You can only sue for out-of-pocket (not paid by insurance or MediCare/Caid) medical costs, lost wages (if you missed work taking her to the ER), and--if she suffered significant and long lasting (*many* weeks at a minimum)--some amount for "pain and suffering." That's because the law only gives you compensation for actual harm. So if, as we hope, your child is ok and you had minimal medical costs, there's no point in suing--you'd spend far more on the lawsuit than you'd get back.


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