Legal Question in Legal Ethics in Georgia
Long story short, my son went for his first dental appointment at 12PM on the 15th. He had a floride treatment, the usual annual cleaning routine. He wasn't supposed to have any hard foods or hot anything so his normal eating was hindered for a lil bit. Went to Walmart after the dentist for some grocery shopping, saw some items on sale I normally purchased one of which was a nutritional drink for older babies. My son woke up hungry after dinner (all of the family had the same dinner he just had his cold) So around 12 or 1 AM I Gave one to my son. He drank it and went back to sleep. At 3AM on the 16th he began to vomit non-stop. When he continued to vomit and had diarrhea at 11am I contacted the Nurse line for the Childrens Hosp. The nurse went through a series of questions and told me it was not from the dental visit because children develope reactions to that within 45 mins. Had to be something he ate. I had completely forgotten about the drink until I went to give him another one. Only to discover it had expired 2 months ago! I immediately contacted the store. When I returned it on the 17th, I checked the shelves and found 6 more packages with the same expiration date. I removed them from the shelf and ask to see a manager. The manager apologized, refunded my money and said he would removed any others. Thing is, the items were placed on sale long after they expired. Not only were there items with the same date as the one that had made my son sick, almost every other one on the shelf was expired for over a week! On the 18th, my son became dehydrated because he wouldnt eat, drink and couldnt get over the vomiting and/or diarrhea. I took him to the ER. He still wont eat and Im going to have to take him to the DR again if this continues. My question is... should I take this further or just except the stores apology and be thankful my child didnt end up much worse. I mean this is a 22lb child drinking almost 16oz of 2 month old milk. An adults body cant handle that, imagine how a child feels. Im sure more people will get sick if this store continues to ignore the fact that FOOD items are expired.
2 Answers from Attorneys
Sure, you can ask for reimbursement for any medical bills. However, the store employees were not the only people who missed the expiration date. You also failed to check on two occasions -- before purchasing and before giving it to your child.
In addition to Scott's answer, report them to the state department of agriculture.
You can't sue for what might have happened.
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