Visitor Question

Food Poisoning from Frozen Sherbert…

Submitted By: Doris (Florida)

My boyfriend brought some frozen sherbert from a large chain supermarket. The first night he ate some he got very ill. I didn’t know he got sick because I was sleeping, so the next day I had a cup and also became very ill.

I continued to feel ill for four days and finally my boyfriend took me to the ER and they immediately hooked me up to an IV. They said I was badly dehydrated. After keeping me for a couple of hours they released me with a prescription.

I reported all this to the supermarket store manager and he had someone call me from the corporate office. They were supposed to send me some paperwork but I haven’t received anything yet. I still have the frozen ice cream in the freezer.

What can I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Doris,

You mention you still have the ice cream in the freezer.

We presume you are considering legal action against the chain supermarket.

To successfully pursue a legal claim against the supermarket you will have to prove the ice cream was tainted. To do so the ice cream will have to be tested by a certified and credible lab.

Because doing so must be done in a manner which will involve what is legally referred to as “chain of custody” you would be well-served to consult with a personal injury attorney.

A qualified personal injury attorney will know how to preserve the evidence properly and legally.

Get a copy of your medical records and those of your husband. Make sure you secure each document related to your admission and treatment and those of your husband. Those records include everything from the admitting forms, through your charts and discharge paper,s and those of your husband.

Once you have all the records you will be better able to assist your attorney with you and your husband’s case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 11, 2012

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