Pacifica, CA asked in Personal Injury and Small Claims for California

Q: Can I get compensation for consuming a expired drink that made me sick?

I just went into CVS pharmacy to buy a drink (Starbucks Coffee) drank it and went on my hike. An hour an a half into my hike, had horrible stomach pains to the point where I soiled myself because there were no restrooms around. Got home and still experiencing pains. Decided to check the sell by date on the coffee as that's the only thing I've had and it's half a month past due. It's embarrassing and I went through hell. What can I do besides just a refund? I'm absolutely furious because not only did my new girlfriend witness all of this but it's scarring to myself now.

Related Topics:
2 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: "Sell by " doesn't mean "expired". CVS did nothing illegal. You did not seek medical attention and cannot prove that your stomach pains were caused by a spoiled food product. You have no case.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: The previous answer is good.. but you might contact the manufacturer and explain the problem and sometimes they will give you some good value in the form of coupons. don't send them the product until they give you something. You could also sue them in small claims court for your costs and the experience you endured... but I wouldn't expect much so I also wouldn't put a lot of time into any of the above.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.