Can I sue a a grocery store chain if I choked on plastic that was in my food?

UPDATED: May 23, 2012

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Can I sue a a grocery store chain if I choked on plastic that was in my food?

I ordered deli meat. The butcher/cutter cut it with the plastic wrap still around it. I did not watch them cut it so when I got in the car, I had some. I started choking and pulled out strings of plastic from my throat. What can I do?

Asked on May 23, 2012 under Personal Injury, Maryland


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

Answered 10 years ago | Contributor

If you did not have any medical treatment, you will recover little or nothing in terms of compensation.  If you had required medical treatment, you would be able to recover compensation for the medical bills and compensation for pain and suffering, which is an amount in addition to the medical bills.  If you had medical treatment, you would file a personal injury claim with the store's insurance carrier.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the store's insurance carrier, you would have then filed a lawsuit against the store for negligence.

However, without medical treatment, unfortunately you would not have a case to pursue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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