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legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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Food poisoning from soy milk from Starbucks

Customer Question

Food poisoning from soy milk from Starbucks
Submitted: 12 months ago.
Category: Legal
Expert:  legalgems replied 12 months ago.

I am very sorry to hear this; can you tell me what state this is in please?

Customer: replied 12 months ago.
Expert:  legalgems replied 12 months ago.

Thank you; has a doctor been seen to document the incident?

Customer: replied 12 months ago.
No but my family are witness
Expert:  legalgems replied 12 months ago.

Thank you;

I'm sorry; I am not set up right now to handle phone calls. If you would like to continue on this page, I will definitely do my best to get you the needed information. Please let me know if you would like to continue.

It will be just a few more minutes as I am preparing a response.

Customer: replied 12 months ago.
would you like me me to tell you all my side first so you know everything to respond to?
Expert:  legalgems replied 12 months ago.

So food poisoning has 3 different possible causes of actions in which the plaintiff may recover.

The first is:

1. breach of contract. Basically when a consumer purchases a product from the store, the store enters into a contract to deliver that product in the quality in which it is represented; failure to do so is a breach. This allows the consumer to recovery any foreseeable and proximately caused damages - such as the price paid for the defective product, and any medical bills incurred. Because it is considered an economic transaction normally no other damages (pain and suffering, punitive damages) are typically allowed.

2. breach of the implied warranty of merchantability. This is implicit in every contract; basically it states that the product sold is safe to be used for the purpose with which it is normally used -so coffee can be safely consumed, for example. The damages are similar to those above.

3. negligence (negligence per se if a statute is violated, and OCGA 26-2-26 subsec 4 states: (4) It has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health; ) {that statute is here}. This cause of action allows for the recovery of economic damages, plus pain and suffering, and even punitive damages if the defendant was reckless/malicious in their conduct.

It is best to have a medical diagnosis and a sample of the product, along with a list of everything consumer 72 hours before (to help with the proof issue). If the health department is notified and any violations are found that can also help with proving the issue. Witness statements are also helpful, along with any indication of any other parties that had similar sufferings (ie other consumers that experienced this-whether a friend, a third party etc).

There are actually attorneys who specialize in food poisoning issues. Often the company will be willing to negotiate a settlement out of court, particularly if other parties have presented this issue to the company during the relevant time frame.

Further questions? Please post here to continue the chat.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 11 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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