Q: Bought a product that expired three months prior to purchase from big grocery chain. Wife is now sick, do we have a case
My wife consumed a food item purchased at Frys Food and Drug store yesterday and is now feeling ill. After checking the container, we discovered the expiration date of the product is for three months prior to purchase. We have both the receipt and the container to prove time of purchase and the expiration date listed. Wondering if there is something we can do being that my wife is sick.
A: I'm sorry about your wife's illness and the ordeal this has created for the both of you. It's difficult to say whether you have a case at this point. It would depend on what the medical determination is and what investigation of the product reveals. I hope your wife is okay and recovers well. But from the standpoint of supporting such a case, a court would look at damages in terms of medical diagnosis and permanent effects. Selling products three months past their expiration date is clearly negligent, but in court, the issue could become one of what the medical consequences of consuming that particular product three months past its expiration date were. Some foods present health hazards 48 hours after their sell-by dates and for others, they pose any genuine health hazard... other than not being as fresh.
Contact an Arizona attorney. Many would provide a free consult for this type of case. Preserve the unused portion of the product and your receipt. Retain records of all medical treatment. Case or no case, the important thing is that if your wife feels ill, seek prompt medical care. Good luck
A: I'm sorry. In the answer I provided a minute ago, in the last two lines of the first paragraph, I meant to say, "... they DO NOT pose any genuine health hazard... other than not being as fresh." I had left out the words, "do not." I apologize for that. Good luck
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