QUESTION
Can I sue a grocery store for serving me a piece of raw chicken in my chicken salad from the deli?
Asked on Oct 22nd, 2013 on Personal Injury - Florida
More details to this question:
I bought deli made chicken salad from a grocery store a couple days ago. Today as I was eating it I noticed a piece of raw chicken on the bottom of the container. I am so disgusted and angry. The store asked that I bring in the container so they can further "investigate" my claim as they have never had this type of complaint. I am so afraid that I will get some type of contamination. I am so frustrated that they have put my health at risk! I do not know how to go about this. Please help.
8 ANSWERS
Ronald A. Steinberg
You can sue, but you won't find a lawyer to handle it. The reason is "NO DAMAGES." What could have happened does not "cut it." It is what actually DOES happen that means everything. I am sure that the chicken was cooked; probably a part of it did not get hot enough. It is too difficult to try and put a value on your "disgust," or any psychic claims. You require an actual injury in order to justify a suit.
Answered on Oct 24th, 2013 at 12:24 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are trying hard to make something out of nothing. get on with your life. Deal with someone you trust in the future.
Answered on Oct 23rd, 2013 at 3:37 PM
Edwin K. Niles
How are you damaged? You don't get paid for maybe.
Answered on Oct 23rd, 2013 at 1:35 AM
James Eugene Hasser
Yes, but other than the cost of the salad, what are your damages? It doesn't sound like you got sick from salmonella. Good luck.
Answered on Oct 22nd, 2013 at 4:58 PM
If you suffered no actual injury, it is unlikely that you could recover for being served raw chicken. Furthermore, you may be able to argue some type of mental distress, but once again, the court usually likes to find some kind of physical symptoms to be associated with this.
Answered on Oct 22nd, 2013 at 4:07 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You were not injured. No harm, no reason to file a lawsuit.
Answered on Oct 22nd, 2013 at 2:31 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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You can comply with the stores request, but make sure to take photographs of the piece or pieces and let them look at it, but make sure you maintain custody of the evidence. As for pursuing a claim, if you don't get sick and you have the fear of getting sick, while I sympathize with your concerns, from a legal standpoint the claim doesn't have a lot of value that many attorneys would take such a claim unless you do get sick and need some medical treatment. You can always file a small claims action, which has jurisdiction up to $10,000 for an individual and maybe your best bet. However, once you have a better handle on the result of your ingesting the uncooked piece, if you did, or just the fear of same, I would suggest that you send a demand letter to the company and you never know they may be willing to pay something to avoid the bad press.
Answered on Oct 22nd, 2013 at 2:24 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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You could take it to the county health department. Since you didn't get sick you may have a claim but not a very large one.
Answered on Oct 22nd, 2013 at 2:12 PM