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

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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

Answers:

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

Answered 9 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.


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