What are my rights regarding food poisioning?

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What are my rights regarding food poisioning?

I ate some apricots by made in nature and they did not look right but because they were organic the package said they would look different, so I ate them. The next day I got really sick to the point I was throwing up foam and sweating and my body was paralized for 30 seconds. I ended up in the hospital staying overnight and given treatment for infection. do you think I have a case to sue for my medical expenses, cause I don’t have insurance and this was a major blow.

Asked on November 12, 2012 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may be able to sue, but it still may not be worth doing so: in order to win a case like this, you will need expert medical testimony at trial--basically, a doctor to testify that the reason you were sickened was the apricots. The cost of hiring a medical expert will likely equal or exceed the amount of money (the cost of an overnight at the hospital and the treatment for the infection), especially given other costs (e.g. filing fees; an attorney, unless you represent yourself) which you'd inur. Without a medical expert, you will not be able to establish that your condition was due to the apricots and not the flu, something else you ate, etc.


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