Can I sue company ?

UPDATED: Sep 30, 2022

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Can I sue company ?

My 2 year old daughter consumed curry paste last night and had an allergic reaction. No where on the bottle did it have any of her allergic foods on or in it. It didn’t state it was made in a facility with peanuts or tree nuts either. The ER doctor suggested it might be cross contamination. I took pictures of her

reaction. Can I sue the company?

Asked on January 28, 2017 under Personal Injury, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In theory you could sue, but there are two significant issues for  doing so:
1) You would have to *prove* that there was some contaminant in the product, which will obviously involve testing it to see if there are peanuts, etc. in it. Without proof of the contaminant, there is no lawsuit--a "suggestion" that cross-contamination is involved does not even being to consitute evidence.
2) You can only sue for out-of-pocket (not paid by insurance or MediCare/Caid) medical costs, lost wages (if you missed work taking her to the ER), and--if she suffered significant and long lasting (*many* weeks at a minimum)--some amount for "pain and suffering." That's because the law only gives you compensation for actual harm. So if, as we hope, your child is ok and you had minimal medical costs, there's no point in suing--you'd spend far more on the lawsuit than you'd get back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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