What can I do if I bought some pre-cooked chicken from a grocery store and 2 of my family members and myself became ill?

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What can I do if I bought some pre-cooked chicken from a grocery store and 2 of my family members and myself became ill?

We had to use the bathroom repeatedly until it eventually was contained. I took back the other container of chicken and informed the store of what happened. The store manager proceeded to inform me that it was a virus going around and was very nonchalant an acted as though I wasn’t be truthful which really upset me. She took my information and stated that she was going to send the food for analysis by a outside party and they would call me. I received a call from the stores claims department and after explaining to him what happen. He asked what can the store do to rectify the situation.I’m not sure what to ask for.

Asked on May 18, 2015 under Personal Injury, Ohio

Answers:

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

Answered 5 years ago | Contributor

Since you and your family members did not receive medical treatment to document the illness, you probably will receive little or no monetary compensation from the store's insurance carrier.  If there had been medical treatment, you could have received compensation for the medical bills, compensation for pain and suffering and if applicable, compensation for wage loss.  You and your family members each have separate claims.

If you are dissatisfied with settlement offers (if any) from the store's insurance carrier, you can reject the settlement offers and file a lawsuit against the store for negligence.  It is probably not worth litigating the case because without documentation of medical treatment, unfortunately it is a weak case.  Under the circumstances, it would be advisable to accept a reasonable settlement offer from the store if you are unable to negotiate a larger amount.  Again, you and your two family members who became ill, have separate individual claims.


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