Legal Question in Product Liability in Pennsylvania
Illness from a product
My daughter (who has her own private residence) and I both purchased sugar free candy from a well known candy maker.
(This purchase was through my grandson's school PTA fund raiser)
My daughter and I both suffered intestinal pain, like severe heartburn, felt like we had the flu or food poisoning, etc. for several hours after eating some of this sugar free candy.
After discussing this with a friend who is familiar with the after affects of various ingredients, we discovered that our systems probably could not tolerate the specific ingredients in this sugar free candy.
Could we take legal action against this candy company for not printing WARNING labels on this candy? I bought some for my diabetic, elderly (80 yrs. old) aunt for Easter, but now I won't give it to her for fear that she might suffer more severely than we did. Also, it could be just as bad or worse for children! Thank you for your early response.
1 Answer from Attorneys
Re: Illness from a product
YOu can certainly bring a claim against the manufacturer of the candy, however, you will need medical support that it was the candy that made you ill. Sometimes this can be more expensive then the value of your case. On the other hand, it has been my experience that a short note from a doctor, sent with a lawyers's letter, may be sufficient to obtain a small settlement. You should contact a lawyer, and most importantly, do not throw the candy away--save it as evidence.
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