My kid ate expired ice cream at school and became sick. Is there anything legal I can do?

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My kid ate expired ice cream at school and became sick. Is there anything legal I can do?

Kid ate expired ice cream and became sick. Other kids in school also became
sick and saw the nurse. I am wondering if there is anything legally against
school or department of health that I can do.

Asked on December 2, 2016 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, bear in mind that lawsuits--which is the only way to get compensation if someone (like the school) does not choose to voluntarily compensate you--can be expensive in cases like this: you'd need a medical expert to write a report and testify as to how the icecream caused some illness or injury, and such experts can cost thousands of dollars--money you will not get back from the other side in a lawsuit, even if you win. So you could spend a great deal on this (and that's even before considering the cost an attorney) on this case, with no guaranty of winning (no case is ever guaranteed). 
Second, you can only recover compensation equal to your out-of-pocket (not paid by insurance) medical bills, lost wages (if you missed work to take your child to the doctor), and, if there is some serious, long lasting life impairment or disability, some amount for "pain and suffering." If you child became ill, saw the nurse, maybe missed a day or two of school, and you maybe took him to the doctor, the amount of money you coud recover would be trivial--less than the cost of the lawsuit.
Therefore, this is not a good case for legal action.
 


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