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Legal options for getting very ill from expired meat........
9/21/2011 11:04:56 PM
In a nutshell, very major grocery chain sells some packaged meat to me about two weeks ago. I purchased four packages of meat one of which was expired since 12/10. Last Tuesday I eat said packaged meat and get violently ill about 2 hours after consuming said package of meat. Before getting sick off the meat, I opened an attached offer for a vacation and noticed the entry form had to be submitted by September of 2010 and that's when I turned over the package and saw the expiration date was December last year. Ended up missing work for three day, trip to urgent care the first day and a second visit to my own Dr. last Friday. Filed an incident report with the grocery chain two days ago and was contacted by the meat company today. They are planning on sending me a package with a medical release form for me to sign to free them from liability and they want me to send the empty package of expired meat back to them for "testing". To add insult to injury (literally), they are sending me some coupons for the product that just got me fucking ill!!!!!!! Seriously! I saved the package and the receipt showing the matching UPC code and the other empty packages with expiration dates two years from now which means this crap was laying around probably since 2008. They offer no compensation for my two Dr. visits or compensation for my lost three days of work or pain/suffering from the vomiting/explosive shits and cramps that still slightly persist. Do I have some claim against these goofs in anyone's opinion? Wisconsin laws are very strict against selling expired meat and dairy products as well.
9/21/2011 11:06:46 PM
do you look at expiration dates before you buy? warning labels? street signs?
9/21/2011 11:13:03 PM
It was properly labeled, and you ate it... Whose fault is that??
9/21/2011 11:15:44 PM
I feel for ya, but I think you're ignoring your own responsibility in this whole play.
9/21/2011 11:17:31 PM
Originally Posted By Tazaroo:
In a nutshell, very major grocery chain sells some packaged meat to me about two weeks ago. I purchased four packages of meat one of which was expired since 12/10.
In a nutshell, very major grocery chain sells some packaged meat to me about two weeks ago. I purchased four packages of meat one of which was expired since 12/10.
This seems *very* unlikely.
Have you contacted the store?
ETA: To be clear, if a store, any store, has meat that expired in December of 2010 on it's shelves now, they'd damn well better beg you to tell them about it.
9/21/2011 11:20:00 PM
This isn't going to turn out like you expected.
Seriously, they put those expiration dates on there for a reason. At least now you'll actually read them from now on.
Seriously, they put those expiration dates on there for a reason. At least now you'll actually read them from now on.
9/21/2011 11:24:52 PM
Did you notice the date before or after you cooked and ate it because if it was before you ate it, exactly what were you thinking?
Do you have the purchase receipt for the meat? If so, you would be far more likely to get somewhere, without it, who's to say it didn't sit in your fridge or freezer since before it expired?
Having some of the product left would be helpful also.
Do you have the purchase receipt for the meat? If so, you would be far more likely to get somewhere, without it, who's to say it didn't sit in your fridge or freezer since before it expired?
Having some of the product left would be helpful also.
9/22/2011 12:07:35 AM
I'm very anal about reading expiration dates since I contracted H Pylori a few years ago from some crap sold to me. As a was checking the dates of the product I was getting all of which expired some time in 2013, I remember dropping a package and picking another up noticing the contest offer and never bothered checking the date because all the other dates expired in two years into the future. Regardless if I just by chance missed reading the "best buy" date on one package out of the many purchased, it's someone's responsibility at the store or at the distribution warehouse to make sure that almost 1 year old expired meat does not make it into my digestive tract. Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
9/22/2011 12:14:23 AM
Originally Posted By fxntime:
Did you notice the date before or after you cooked and ate it because if it was before you ate it, exactly what were you thinking?
Do you have the purchase receipt for the meat? If so, you would be far more likely to get somewhere, without it, who's to say it didn't sit in your fridge or freezer since before it expired?
Having some of the product left would be helpful also.
Did you notice the date before or after you cooked and ate it because if it was before you ate it, exactly what were you thinking?
Do you have the purchase receipt for the meat? If so, you would be far more likely to get somewhere, without it, who's to say it didn't sit in your fridge or freezer since before it expired?
Having some of the product left would be helpful also.
I have the receipt with the upc code from the product matching the code on the receipt. The lady from the litigation dept told me the store should have never had the product on the shelf. This package of meat was my dinner and I consumed the entire contents last tuesday night while watching a basball game. I noticed that date after I consumed the food. There was a contest/vacation offer that I decided to read after I ate the food and noticed the offer expired Sept or so of last year. I then flipped the package over and notice the contents expired December of last year. Two hours later or so I became violently ill and the rest is history.
9/22/2011 1:25:12 AM
Originally Posted By Tazaroo:
I'm very anal about reading expiration dates since I contracted H Pylori a few years ago from some crap sold to me. As a was checking the dates of the product I was getting all of which expired some time in 2013, I remember dropping a package and picking another up noticing the contest offer and never bothered checking the date because all the other dates expired in two years into the future. Regardless if I just by chance missed reading the "best buy" date on one package out of the many purchased, it's someone's responsibility at the store or at the distribution warehouse to make sure that almost 1 year old expired meat does not make it into my digestive tract. Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
I'm very anal about reading expiration dates since I contracted H Pylori a few years ago from some crap sold to me. As a was checking the dates of the product I was getting all of which expired some time in 2013, I remember dropping a package and picking another up noticing the contest offer and never bothered checking the date because all the other dates expired in two years into the future. Regardless if I just by chance missed reading the "best buy" date on one package out of the many purchased, it's someone's responsibility at the store or at the distribution warehouse to make sure that almost 1 year old expired meat does not make it into my digestive tract. Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
What kind of meat are you buying that expires in 2013??
9/22/2011 1:46:07 AM
Originally Posted By Tazaroo:
Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
Seems like you are already talking to the right person about it.
9/22/2011 1:54:42 AM
Not a lawyer. The wife and I got sick from a KFC, really sick. No lawyer is going to touch this as there is little money in it. Funny you said coupons as Arizona Ice Tea was rancid and made me sick (took a big chug
) they sent me a 50 cent coupon in the mail
Good luck the KFC thing cost us 2K in medical bills.
) they sent me a 50 cent coupon in the mail
Good luck the KFC thing cost us 2K in medical bills.
9/22/2011 2:08:17 AM
Originally Posted By criley:
Seems like you are already talking to the right person about it.
Originally Posted By Tazaroo:
Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
Seems like you are already talking to the right person about it.
Disagree.
OP should be more careful about reading the dates from now on, instead of getting sue-happy over something HE could have easily prevented.
So long as humans have anything to do with the distribution of food products, expired stuff WILL show up on the shelf from time to time. The dates are there so that we, as consumers, can verify for ourselves that the products we buy are fresh enough to eat.
9/22/2011 7:53:14 AM
Originally Posted By sav_carguy:
Disagree.
OP should be more careful about reading the dates from now on, instead of getting sue-happy over something HE could have easily prevented.
So long as humans have anything to do with the distribution of food products, expired stuff WILL show up on the shelf from time to time. The dates are there so that we, as consumers, can verify for ourselves that the products we buy are fresh enough to eat.
Originally Posted By criley:
Seems like you are already talking to the right person about it.
Originally Posted By Tazaroo:
Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
Per the one atty I have spoken to, I'm acting in "good faith" that a store is selling food to me that is safe for consumption and legally don't have any responsibility to check every expiration date on every package because it's the stores responsibility to not sell expired meat/dairy.
Seems like you are already talking to the right person about it.
Disagree.
OP should be more careful about reading the dates from now on, instead of getting sue-happy over something HE could have easily prevented.
So long as humans have anything to do with the distribution of food products, expired stuff WILL show up on the shelf from time to time. The dates are there so that we, as consumers, can verify for ourselves that the products we buy are fresh enough to eat.
Again..........I checked every bag that I purchased noticing that all expire in 2013 and I missed one. Regardless of me being careful which I was it's against state law in WI to sell any type of expired dairy/meat product. No one here is sue happy and the atty I contacted is the first one I have ever asked any type of legal question of in my life. I just find it totally offensive that this company is more concerned about me returning the empty bag with the expiration date on it and me signing a statement that says I won't sue them. That coupled with the coupons for more of the same product that got me ill is a joke.
9/22/2011 7:59:42 AM
Stupid hurt ?
9/22/2011 8:50:26 AM
Wait, what kind of "meat" comes in a bag and expires in 2013? Something tells me you're talking about Slim Jims, beef jerky or some other preserved meat.
Be honest with us here, WTF did you eat?
Be honest with us here, WTF did you eat?
-Deke
9/22/2011 8:56:37 AM
It's the responsibility of motorists to not hit a pedestrian.
You can't expect a pedestrian to look both ways before crossing EVERY street, can you?
So a pedestrian walked right out in front of a car because he didn't look for cars at ONE intersection. He shouldn't have to look for cars, it's the motorists' responsibility to look out for pedestrians.
You missed one bag, which you didn't think was a big deal. So because the store missed one bag out of the piles and piles of product they sell, you think you should be entitled to their money?
You can't expect a pedestrian to look both ways before crossing EVERY street, can you?
So a pedestrian walked right out in front of a car because he didn't look for cars at ONE intersection. He shouldn't have to look for cars, it's the motorists' responsibility to look out for pedestrians.
You missed one bag, which you didn't think was a big deal. So because the store missed one bag out of the piles and piles of product they sell, you think you should be entitled to their money?
9/22/2011 12:17:30 PM
You could sue them, but it's going to cost you money. Probably lots of money. How much time and money do you want to sink into this? Do you have $30k sitting around ready to go on this one?
9/22/2011 12:23:26 PM
Originally Posted By Rocksarge:
do you look at expiration dates before you buy? warning labels? street signs?
do you look at expiration dates before you buy? warning labels? street signs?
You could of died from gross negligence, always verify dates when dealing with meat and poultry, also never buy nothing that's not USDA approved.
9/22/2011 12:29:27 PM
Originally Posted By 1IV:
Stupid hurt ?
Stupid hurt ?
Some times.
9/22/2011 5:45:01 PM
Originally Posted By SandWMandP15Tee:
You could of died from gross negligence, always verify dates when dealing with meat and poultry, also never buy nothing that's not USDA approved.
Originally Posted By Rocksarge:
do you look at expiration dates before you buy? warning labels? street signs?
do you look at expiration dates before you buy? warning labels? street signs?
You could of died from gross negligence, always verify dates when dealing with meat and poultry, also never buy nothing that's not USDA approved.
And they would be looking at a neglegent death lawsuite. Thanks for all the input folks. The meat in question was jerky that was from what I found out most likely packaged in 08.
9/22/2011 9:25:12 PM
A preserved product like jerky is not going to automatically become unwholesome at a particular date.
I'm afraid so far your situation is not very convincing.
I'm afraid so far your situation is not very convincing.
9/22/2011 9:31:15 PM
Maybe it wasn't the meat, but the lumpy, chunky, yellow colored milk you drank.
9/22/2011 9:42:28 PM
Does your nose not work? I would think that it would not have smelled very appetizing.
9/22/2011 9:53:02 PM
someone be fishing for a lawsuit.
9/22/2011 11:28:17 PM
You ate some bad spam?
9/23/2011 11:45:32 AM
LOL at calling store-sold, commercially-made jerky meat. 
9/23/2011 11:50:13 AM
Why do people blame lawyers for lawsuits? Here's a guy who fails to check the date on some meat, gets sick –– and now wants to sue and cash in. Sure, he needs a greedy lawyer to help him, but lawyers are just like guns: lawyers don't sue people, people sue people.
9/23/2011 1:00:59 PM
Originally Posted By Phil_A_Steen:
Why do people blame lawyers for lawsuits? Here's a guy who fails to check the date on some meat, gets sick –– and now wants to sue and cash in. Sure, he needs a greedy lawyer to help him, but lawyers are just like guns: lawyers don't sue people, people sue people.
Why do people blame lawyers for lawsuits? Here's a guy who fails to check the date on some meat, gets sick –– and now wants to sue and cash in. Sure, he needs a greedy lawyer to help him, but lawyers are just like guns: lawyers don't sue people, people sue people.
9/23/2011 1:01:55 PM
The mfr and distributors bear no responsibility here. All liability falls on the store that failed to pull the expired product and any cause of action that you might have would be strictly against the store. Yes, you also made a painful error in not checking that particular package, but ultimately it is the store that is liable for that error.
The proper course of action WOULD HAVE BEEN to deliver the remains of the package to your city/town Board of Health for analysis (they send it to a state lab for testing). Their test report (bacteria counts) would have been key in any legal action you chose to take. [I would NOT turn any evidence over to the mfr/distributor/store . . . photocopies only.]
I've personally suffered thru 2 cases of very bad food poisoning where I was sick as a dog for 5 days and just wanted to die! In both cases, it was the result of restaurant food. One particular case, we had some leftovers that we took home and I turned that over to our Board of Health. The bacteria counts were thru the roof. A few months later I got a call from the restaurant's insurance company. I did not take the call nor did I return their call . . . every time I thought of the place, I just wanted to barf, even months later (and it had been a favorite restaurant of ours for a number of years). Within less than a year they went out of business. My medical insurance and co-pay took care of the minor bills and I chose not to sue (I hate lawyers, courts, judges and would have been sick just describing the events if I had to testify)!
I'm always careful to check dates. There is a huge chain of supermarkets around the Northeast and one of their stores almost always had "green meat" and expired dairy products in their coolers (this was many years ago). Not just expired, but literally with mold on it. I almost never shop in their stores for this and a few other reasons and absolutely will not buy meats there. It was definitely a "store management" issue, but I chose to merely take my business elsewhere.
So either go after the store or just learn from it and be more careful in the future.
The proper course of action WOULD HAVE BEEN to deliver the remains of the package to your city/town Board of Health for analysis (they send it to a state lab for testing). Their test report (bacteria counts) would have been key in any legal action you chose to take. [I would NOT turn any evidence over to the mfr/distributor/store . . . photocopies only.]
I've personally suffered thru 2 cases of very bad food poisoning where I was sick as a dog for 5 days and just wanted to die! In both cases, it was the result of restaurant food. One particular case, we had some leftovers that we took home and I turned that over to our Board of Health. The bacteria counts were thru the roof. A few months later I got a call from the restaurant's insurance company. I did not take the call nor did I return their call . . . every time I thought of the place, I just wanted to barf, even months later (and it had been a favorite restaurant of ours for a number of years). Within less than a year they went out of business. My medical insurance and co-pay took care of the minor bills and I chose not to sue (I hate lawyers, courts, judges and would have been sick just describing the events if I had to testify)!
I'm always careful to check dates. There is a huge chain of supermarkets around the Northeast and one of their stores almost always had "green meat" and expired dairy products in their coolers (this was many years ago). Not just expired, but literally with mold on it. I almost never shop in their stores for this and a few other reasons and absolutely will not buy meats there. It was definitely a "store management" issue, but I chose to merely take my business elsewhere.
So either go after the store or just learn from it and be more careful in the future.
9/23/2011 1:08:40 PM
Who eats 3 bags of beef jerky for dinner?
9/23/2011 2:41:44 PM
Once upon a time I worked in a grocery store and we were pretty anal about making sure expired stuff was destroyed.
I don't think you'll have a case against the meat packer, but I think the store should cover your medical bills.
I don't think you'll have a case against the meat packer, but I think the store should cover your medical bills.
9/23/2011 2:45:19 PM
Originally Posted By ceverett:
Once upon a time I worked in a grocery store and we were pretty anal about making sure expired stuff was destroyed.
I don't think you'll have a case against the meat packer, but I think the store should cover your medical bills.
Once upon a time I worked in a grocery store and we were pretty anal about making sure expired stuff was destroyed.
I don't think you'll have a case against the meat packer, but I think the store should cover your medical bills.
I'd expect them to, if you can demonstrate it with any real evidence.
Also, if you can demonstrate that they stock expired meat the manager really should be all over himself to fix it. And if he's not find the DM or RM, and they *will* fire the manager. Give us the chain and we'll track down the DM.
9/23/2011 3:01:04 PM
Originally Posted By BrowardMason:
Who eats 3 bags of beef jerky for dinner?
Who eats 3 bags of beef jerky for dinner?
With some marmalade and chocolate milk, sure.
9/23/2011 3:27:37 PM
Your beef should be with the store for not snagging that product off the shelf.
I remember several years ago I was in an Albertson's with my Mom... I was about 9 or so... I grabbed a package of Land 'O Lakes ham... what the hell, I loved that stuff and ate it like bacon... I look inside the package and see green meat. Normally, the meat has a little bit of color from the dyes but I KNEW that green wasn't good. I looked at the date on the package... it was 6 months expired. I looked at the rest on the shelves... all of the packaged meat was out of date... some by 12 months, most by 6. We told the manager... he didn't seem so concerned about it. That bothered us.
We threatened to call the health department on them for trying to kill their consumers with outdated meat product... within a few minutes, there was a stockboy with a trashcan pulling the meat product off the shelves.
I almost always check the date on stuff now because of that.
I remember several years ago I was in an Albertson's with my Mom... I was about 9 or so... I grabbed a package of Land 'O Lakes ham... what the hell, I loved that stuff and ate it like bacon... I look inside the package and see green meat. Normally, the meat has a little bit of color from the dyes but I KNEW that green wasn't good. I looked at the date on the package... it was 6 months expired. I looked at the rest on the shelves... all of the packaged meat was out of date... some by 12 months, most by 6. We told the manager... he didn't seem so concerned about it. That bothered us.
We threatened to call the health department on them for trying to kill their consumers with outdated meat product... within a few minutes, there was a stockboy with a trashcan pulling the meat product off the shelves.
I almost always check the date on stuff now because of that.
9/23/2011 5:36:02 PM
Originally Posted By scorpion12:
Your beef should be with the store for not snagging that product off the shelf.
I remember several years ago I was in an Albertson's with my Mom... I was about 9 or so... I grabbed a package of Land 'O Lakes ham... what the hell, I loved that stuff and ate it like bacon... I look inside the package and see green meat. Normally, the meat has a little bit of color from the dyes but I KNEW that green wasn't good. I looked at the date on the package... it was 6 months expired. I looked at the rest on the shelves... all of the packaged meat was out of date... some by 12 months, most by 6. We told the manager... he didn't seem so concerned about it. That bothered us.
We threatened to call the health department on them for trying to kill their consumers with outdated meat product... within a few minutes, there was a stockboy with a trashcan pulling the meat product off the shelves.
I almost always check the date on stuff now because of that.
Your beef should be with the store for not snagging that product off the shelf.
I remember several years ago I was in an Albertson's with my Mom... I was about 9 or so... I grabbed a package of Land 'O Lakes ham... what the hell, I loved that stuff and ate it like bacon... I look inside the package and see green meat. Normally, the meat has a little bit of color from the dyes but I KNEW that green wasn't good. I looked at the date on the package... it was 6 months expired. I looked at the rest on the shelves... all of the packaged meat was out of date... some by 12 months, most by 6. We told the manager... he didn't seem so concerned about it. That bothered us.
We threatened to call the health department on them for trying to kill their consumers with outdated meat product... within a few minutes, there was a stockboy with a trashcan pulling the meat product off the shelves.
I almost always check the date on stuff now because of that.
That's crazy... When I did the grocery store thing, we would eat like kings off of all the "expired" food, nearly all of which was still good. But our store had a rule that the meat was just trashed.
Heads would role if something was not pulled in a timely manner. 6 months? Corporate would have fired the entire store management. Not kidding.
9/23/2011 5:45:48 PM
Originally Posted By Zix:
It was properly labeled, and you ate it... Whose fault is that??
It was properly labeled, and you ate it... Whose fault is that??
This.
I mean I'm sorry you got sick, but you should always check expiration labels before you buy. Their lawyers will probably point that out to you as well if you try to take it to court.
9/24/2011 12:33:09 AM
Caveat Empor comes to mind more and more after reading some of the other responses.
9/24/2011 7:38:35 AM
Originally Posted By geekz0r:
This.
I mean I'm sorry you got sick, but you should always check expiration labels before you buy. Their lawyers will probably point that out to you as well if you try to take it to court.
Originally Posted By Zix:
It was properly labeled, and you ate it... Whose fault is that??
It was properly labeled, and you ate it... Whose fault is that??
This.
I mean I'm sorry you got sick, but you should always check expiration labels before you buy. Their lawyers will probably point that out to you as well if you try to take it to court.
I checked the dates on about 15 different bags while figuring out what flavor I wanted and I overlooked one bag which was the only one that didn't expire in 2013. I don't believe it's the stores fault because the expired bag was mixed in with about 100 other bags in a cardboard display box that was set up by the company vendor at the store. Out of the whole display box there were probably about 1000 or so total bags of jerky for sale.
9/24/2011 11:00:53 AM
I just finished off a package of Cotto Salami lunch meat that "expired" two years ago. Of course it has been stored in my freezer for those two years. 
