QUESTION
Can I sue a supermarket for giving me an allergic reaction?
Asked on Apr 15th, 2013 on Personal Injury - Florida
More details to this question:
Basically I'm allergic to apples because of the chemicals put on them. Apart from biological which I "should" be able to eat. I purchased a few at my local supermarket, consumed one and after a while received the same effect: My throat closed, I couldn't breathe, so I was rushed to the hospital to get all sort of treatment. Can I sue them for this?
12 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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No. They might be liable if the apple was defective, such as having poison on it or rotten, but they are not liable for an allergic reactin to food that is not otherwise defective.
Answered on Apr 17th, 2013 at 9:26 PM
Ronald A. Steinberg
Did you ask if the apples were treated? did you wash them thoroughly? If the answer to either one of these questions is NO, then you cannot do anything.
Answered on Apr 17th, 2013 at 8:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. ever one is allergic to something or other and every product may cause an allergic reaction when it reaches a certain level of consumption. Same thing happened to me once when a lady sat next to me with high smelling perfume. Luckily a doctor was in the front row and had an antidote on him.
Answered on Apr 16th, 2013 at 9:48 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, you knew you had that condition, the store did not.
Answered on Apr 16th, 2013 at 9:41 PM
James Eugene Hasser
I'm not real clear what you are saying, but if you are saying that you bought apples that are labeled organic, or chemical free, and it turns out they had chemicals, then you may have a claim. You will have to prove the labeling was false by showing the chemicals were in there, though. And I'm not real sure the supermarket would be the target; more than likely you would be looking to the company that sold the apple and made the representation. Good luck.
Answered on Apr 16th, 2013 at 9:26 PM
Probably not, because I suspect you did not wash it before eating it.
Answered on Apr 16th, 2013 at 9:09 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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If you knew you were allergic to apples (to the chemical on them), then why did you eat one from the super market? From your question, it seems that you assumed this risk, and that the market is not responsible for your allergic reaction.
Answered on Apr 16th, 2013 at 9:03 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I doubt it. You presumably knew you had the allergy, and that you are taking a risk whenever you eat an apple.
Answered on Apr 16th, 2013 at 8:57 PM
Thomas Edward Gates
Not likely. They did not hold the apples out as chemical free. Further, most people wash their fruit before eating them.
Answered on Apr 16th, 2013 at 8:52 PM
Christian Joseph Menard
If you know you are allergic to apples, for whatever reason, and you go ahead and buy some, eat them and suffer the expected results, I would say you have no case...or at least one that I would consider taking.
Answered on Apr 16th, 2013 at 8:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can sue, but you know you are allergic, so did you wash the apples? And are you sure it is the chemicals and not the apples themselves. Seems to me like a jury would think you brought this on yourself.
Answered on Apr 16th, 2013 at 8:42 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, unless there was some harmful chemical with which the apples were treated of which they were aware and did not reveal that to you. The cost of doing a qualitative analysis on the apple (if you still have any of it) would probably be more than your medical bills, and not recoverable.
Answered on Apr 16th, 2013 at 8:40 PM