Can I sue for being sold outdated formula?

UPDATED: Jun 2, 2009

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Can I sue for being sold outdated formula?

I was sold outdated formula for my son that is one month old, it made him throw up all night he had a horrible time passing his stools and couldn’t sleep because he just cried due to the bad formula sold to me.

Asked on June 2, 2009 under Personal Injury, Indiana


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Maybe.  If it was, indeed, the formula that caused the problem, and you can prove that, you might have a product liability case.  But just because you can sue, doesn't mean you should, and it also doesn't mean that a lawyer will be willing to take your case.  When you sue, you need to prove your damages in terms of dollars.  Did you take your son to the doctor?  How many times?  How long did it take until he was ok?  How much were the doctor bills?  If they were minimal, it is unlikely you will find a lawyer to take your case.  My suggestion would be to contact the store and tell them you want to make a claim on behalf of your minor son who was injured by their product.  Get their insurance carrier's contact information and send them a letter.  If you have the can from the formula, send a photo of the "best if used by" date, along with a copy of your receipt with the date of purchase.  Also, if you have dr. bills, be ready to send copies of those, as well.  Then wait until you hear from their adjuster.  You should get a settlement, but don't expect a huge amount if your bills are low.

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