Asked in Products Liability and Personal Injury for Louisiana

Q: I got baby food from the store. Fed my child whom is 9 months. and she starts throwing up no expiration date on jar

Is this illegal?

Can I sue the store or the brand

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Products Liability Lawyer
  • Little Neck, NY

A: A Louisiana attorney could advise best, but your question remains open for three weeks. Only a local attorney could advise about state-specific health and consumer protections. But as a general matter, I believe law firms would be reluctant to handle such a case. I hope your baby is okay and I'm sorry for the ordeal they and you went through. But a passing food illness due to expired food would not present damages that would be on the scope of the costs associated with litigation. That's not to mention the traditional defenses in such cases that it could have been something else that caused the illness, or that it was not in fact expired. But that's only an individual opinion. Different attorneys could see things differently. You could reach out to local attorneys to try to set up a free initial consult to ask them their opinions. I hope your baby is okay. Good luck

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