What are my rights regarding food poisioning?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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 AttorneyPages.com 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.