What to do if I recently bought a pack of cigarettes from a store and it turns out that this brand has been discontinued for 3 years?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I recently bought a pack of cigarettes from a store and it turns out that this brand has been discontinued for 3 years?
I had originally thought they had reintroduced them but was wrong. I know they don’t have an expiration date but they do have a shelf life. I’ve smoked a couple of them already but every time I do, I feel nauseous and my throat feels like it swells a little. It should be negligent on their part to sell something that is that old. Is there any course of action I can take against the store?
Asked on September 26, 2012 under General Practice, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you had medical treatment resulting from use of the old cigarettes, you would have a personal injury claim against the store. Your personal injury claim should be filed with the store's insurance carrier and should include your medical bills, medical reports and documentation of any wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. If the case is settled with the store's insurance carrier, NO lawsuit is filed. If the case is NOT settled with the store's insurance carrier, you will need to file a lawsuit for negligence against the store prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If you did not have medical treatment as a result of smoking the old cigarettes, you don't have any case because you don't have any documented injury. You don't have a personal injury claim to file with the store's insurance carrier or a lawsuit for negligence against the store.
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 AttorneyPages.com 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.