Can I Sue The Supermarket?

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  • dopeboy206
    Banned
    • Oct 2007
    • 1471

    #1

    Can I Sue The Supermarket?

    My family bought 2 packages of Chinese pork sausages a few days ago and we got sick off of it. I cooked it the same day I bought it & didn't look at the due date when I cooked it. I checked the due date the next day and it said "sell by May 2007." I am not money hungry to sue them but I feel any store that sells 3 year old food is doing me dirty. I still have a reciept and another unopened package of the sausag. I also have the packaging of the one I opened. Is there anything I can do? I feel ripped off.
  • kehlis
    Moderator
    • Jul 2008
    • 27738

    #2
    Re: Can I Sue The Supermarket?

    Get your money back for the purchase. No need to sue.

    Comment

    • dopeboy206
      Banned
      • Oct 2007
      • 1471

      #3
      Re: Can I Sue The Supermarket?

      I opened one of them already and the other is unopened. Yeah you are right I shoudn't sue because it'll be too much hassle but I do feel like **** right now as I am typing. It was $3 if I get my money back it is nothing and suing is too much hassle. I am just going to let it slide.

      Comment

      • SuperBowlNachos
        All Star
        • Jul 2004
        • 10218

        #4
        Re: Can I Sue The Supermarket?

        I would at least try and get some free stuff out of them.

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        • WTF
          MVP
          • Aug 2002
          • 20274

          #5
          Re: Can I Sue The Supermarket?

          I would at least bring it to the manager's attention because there's no telling, where there's one, theres likely more. You don't want to "let it slide" and someone else get sick after buying another pack, and possibly end up dying.
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          • snepp
            We'll waste him too.
            • Apr 2003
            • 10007

            #6
            Re: Can I Sue The Supermarket?

            A bit OT, but with all the quality food that we produce, why would you ever buy any from China?

            Seriously, damn near everything that comes out of that country is $@#%.
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            • CreatineKasey
              MVP
              • Sep 2007
              • 4897

              #7
              Re: Can I Sue The Supermarket?

              Well, because you have no permanent harm you'd probably get very little in a settlement. On the other hand, I'd be glad you didn't get any permanent harm because no amount of money can take some things back. I'd just let the store know for the good of your community.
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              • superjames1992
                Hall Of Fame
                • Jun 2007
                • 31382

                #8
                Re: Can I Sue The Supermarket?

                People are always suing for anything nowadays... Don't sue. Really, while the store shouldn't have been selling that food, you also should have looked at the date and not bought the item. I'm sure you can probably get a refund on it, but going any farther than that would just be being greedy.
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                • Shakedowncapo
                  MVP
                  • Aug 2002
                  • 4031

                  #9
                  Re: Can I Sue The Supermarket?

                  I look at the date for everything when buying...Just one of those habits.

                  Comment

                  • BurghFan
                    #BurghProud
                    • Jul 2009
                    • 10051

                    #10
                    Re: Can I Sue The Supermarket?

                    Like others have said, I don't think this warrants a lawsuit, just a complaint to the manager. I'd take the receipt, opened package, and unopened package to the store and show the manager. Anyway, here's a link to a story I saw about a store in Milwaukee selling expired meat. Apparently the practice is not illegal in some places.

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                    • TheGamingChef
                      MVP
                      • Jun 2006
                      • 3384

                      #11
                      Re: Can I Sue The Supermarket?

                      Originally posted by superjames1992
                      People are always suing for anything nowadays... Don't sue. Really, while the store shouldn't have been selling that food, you also should have looked at the date and not bought the item. I'm sure you can probably get a refund on it, but going any farther than that would just be being greedy.
                      I wouldn't consider this to be a frivolous lawsuit even slightly. Many states have consumer protections regarding the sale of expired goods. It should not be the consumer's job to ensure that goods they are purchasing are expired at the point of sale. That's a reasonable assumption that all consumers should feel comfortable making.

                      If your sickness gets serious, causes you to miss work or requires medical attention, I would certainly at least look in to contacting a lawyer. The sale of a perishable good three years past its point of expiration is almost certainly a civil offense in your jurisdiction, and the grocer would very likely settle quickly with you rather than go to trial. It's not greed to get what you deserve.

                      Comment

                      • p_rushing
                        Hall Of Fame
                        • Feb 2004
                        • 14514

                        #12
                        Re: Can I Sue The Supermarket?

                        I would take it back with the receipt and talk to the manager. The store can get in trouble for selling it, they are not supposed to sell anything after the date.

                        I wouldn't sue, but tell him you and your family got sick because of their negligence. Ask for your money back and say you are considering never shopping their again because of this. They should cave and see if you can get $25-50 gift card or coupon. If not, tell them you will be letting everyone you know not to shop there.

                        Comment

                        • snepp
                          We'll waste him too.
                          • Apr 2003
                          • 10007

                          #13
                          Re: Can I Sue The Supermarket?

                          The supermarket settles and then passes the buck on to everybody else who walks in the door.
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                          Comment

                          • kehlis
                            Moderator
                            • Jul 2008
                            • 27738

                            #14
                            Re: Can I Sue The Supermarket?

                            Originally posted by TheGamingChef
                            It's not greed to get what you deserve.
                            What does he deserve?

                            What was the cost of getting sick for a couple days? This mentality is what is wrong. I completely agree he should get what he deserves, too many people (not saying you Dopeboy) feel they deserve more than they actually do.

                            Comment

                            • TimmeH
                              Cult of Personality
                              • Jun 2003
                              • 4588

                              #15
                              Re: Can I Sue The Supermarket?

                              Originally posted by BurghFan81
                              Like others have said, I don't think this warrants a lawsuit, just a complaint to the manager. I'd take the receipt, opened package, and unopened package to the store and show the manager. Anyway, here's a link to a story I saw about a store in Milwaukee selling expired meat. Apparently the practice is not illegal in some places.

                              http://www.wisn.com/news/23852653/detail.html
                              Correct.

                              That's why most packages these days actually say "Best By *insert date*". It's not a date where the product needs to be sold by.

                              Obviously, any reputable place will pull this merchandise before that date to ensure that their customers are getting quality food, but some of the lower end stores will keep pushing it out.

                              When the inspector came into our store, I THINK it was fish, formula, and eggs that were the only products that the dates needed to be followed. He told us we didn't have to follow the dates for anything else(including things like lunch meat).

                              That being said, we always try to get the merchandise off the sales floor long before it expires. Things like formula we actually try to pull 90 days in advance.


                              As for suing, I highly doubt you'd get anything, and even if you were, it wouldn't be worth your time. Just contact the management of the store and let them know what happened. If they're decent, they'll make it worth your time. If they don't offer anything, don't go back and spread the word lol
                              Last edited by TimmeH; 06-13-2010, 12:04 PM.
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