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jessjazzjessie's avatar

What to do about getting food poisoning over a 2yr. expired drink that was sold to me at a store?

Asked by jessjazzjessie (18 points ) February 7th, 2014

I purchased a starbucks frapp today at the pharmacy while picking up my daughters medicine, I drank almost half of it a notice it had a odd texture. When I looked at the bottles exp.date it was over 2 yrs expired, within 5 minutes I was throwing my guts up, I went to the ER and they said it was food poisoning obviously, they said I’ll be ok in a few days and sent me home with meds, When I called the store manager and told him what happened he checked the cooler and found a second bottle with same exp. date, I am concerned that more of these bottles may have been distributed by the vendor also. Should I sue, and what amount do you sue for pain and sufffering? Starbucks corp. has taken responsibility for this event and offered me a $100 gift card and to pay my hospital bill. What should I do?

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6 Answers

talljasperman's avatar

I have worked in fast food for a couple of years… 10 – 90% food Is expired or unusable for consumption. My boss had 10 year old expired pabulum (baby food) and I had thrown it away and somehow it got back on the self. I finally started buying expired food and dumping it out with the label EXPIRED on it. My boss got his credit for expired products one way or another. Also a famous restaurant sold lasagna that was kept over night on the counter, they flicked the bugs off and added a meat sauce and microwaved the hell out if it and served it to customers. It used to be my favorite food , but they took it off the menu.

LornaLove's avatar

It is good you notified them so now they are aware. Did the $100 cover your hospital expenses? If so why sue? It’s up to you but to my mind that would be just making money. If you are into that go ahead you possibly have a case, what might spoil your case is that they offered to cover your medical expenses?

jessjazzjessie's avatar

they didn’t offer me cash, they offered me a $100 starbucks giftcard, btw…

LornaLove's avatar

@jessjazzjessie I’m not a lawyer of course, but I would demand they pay my full medical expenses. I wouldn’t be interested in a gift card at all.

hominid's avatar

I’m confused. So, do you often consume dairy-based beverages without checking the expiration date?

It seems that rather than taking legal action, you might take this as an opportunity to learn about your food and beverage consumption.

GoldieAV16's avatar

Offering to pay your hospital expenses was fair. The $100 gift card is for your pain and suffering, and should be considered adequate.

Pain and suffering claims take into account the severity of the injury, the permanence of the injury, and the associated mental suffering due to the severity and longevity of the injury. You’d have a hard time finding a jury who would give even $100 for food poisoning – given that most people on the planet have experienced it at least once, with no compensation at all.

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