Q: Do I have a case after I was hospitalized due to consuming a baked good product and continue to suffer in pain while eat
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain was completely intolerable and I had to go to the hospital. The hospital administered medications and admitted me for 3 days. I was told to follow up with a GI. The GI performed an endoscopy and diagnosed me with gastritis inflammation within my digestive tract. I have been going through immense severe pain for the past month, after consuming that cake. I currently experience a lot of pain when I eat and my digestive system tries to digest the food. Every meal has become a pain trigger for my body, which makes it very hard to eat anything and it is affecting my overall health. What case can I make against the bakery?
A: Sorry to hear what you're going through. Absent any evidence that the cake you ate was not fit for human consumption or that the bakery failed to disclose ingredients in the cake to which customers are often allergic (such as nuts), there'd be no basis to sue the bakery. Moreover, you haven't demonstrated that the gastric inflammation was caused, in whole or in part, by the cake. There could be many reasons for your gastric inflammation that have nothing to do with the cake whatsoever.
A:
I'm sorry to hear about the significant pain and challenges you’ve been experiencing. Situations involving health issues from consuming a food product can be overwhelming, and understanding your legal rights in this matter is an important step.
In New York, pursuing a case against a bakery for health issues caused by consuming their product typically involves filing a personal injury claim based on product liability. To have a valid case, you would need to demonstrate that the bakery was negligent in preparing or handling the product, or that the product was defective in a way that caused your illness.
Key Elements to Establish a Case
1. Causation: You must show that the cake you consumed was the direct cause of your illness. This can be challenging, as it requires ruling out other possible causes for your symptoms. Your medical records, including the diagnosis of gastritis and notes about your symptoms following consumption of the cake, can help establish this link.
2. Negligence or Defect: You would need evidence that the bakery failed to follow proper food safety standards, leading to contamination, or that the cake contained a harmful substance. For example, this could involve improper storage, cross-contamination, or the presence of a foreign object or allergen in the product.
3. Damages: Your case must detail the harm you’ve suffered, including medical expenses for your hospital stay, follow-up treatments, diagnostic tests like the endoscopy, ongoing pain, and the impact on your ability to eat and maintain your health. Documenting all related expenses and impacts on your life will strengthen your claim.
To support your claim, you should gather the following evidence:
• Medical records, including hospital and GI reports, that document your symptoms, diagnosis, and treatment.
• Receipts or proof of purchase for the cake.
• Statements from medical professionals linking your condition to the consumption of the cake.
• Any remaining cake or packaging, if available, for testing.
• Testimonies or health records from others who may have consumed the same product.
New York has a statute of limitations for personal injury cases, including product liability, which is generally three years from the date of the injury or when the injury was discovered. Acting quickly is essential to ensure your claim is filed within this timeframe.
If the bakery is found to have violated health codes, this could further support your claim. A health department complaint or inspection report showing violations could be valuable evidence.
If your claim is successful, you may be entitled to compensation for:
• Medical expenses (past and future).
• Pain and suffering.
• Lost wages or diminished earning capacity if the illness impacts your ability to work.
• Other related costs, such as the impact on your quality of life.
While it can be challenging to prove that a food product caused your specific condition, an experienced attorney can help gather the necessary evidence and build a strong case.
Disclaimer: This response is intended for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult with a qualified attorney licensed in New York.
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