Is there any possibility of compensation if my husband has eaten a steak from a huge grocery chain that had a worm in it?

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Is there any possibility of compensation if my husband has eaten a steak from a huge grocery chain that had a worm in it?

I purchased a steak fon Sunday and my husband cooked it on Monday. While he was cutting and eating it he found a worm. We’ve. Taken it back to the store and have a claim. My husband is actively sick.

Asked on May 1, 2012 under General Practice, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You *may* have a legal claim for compensation if you can show that the worm was more likely than not in the steak when purchased (rather than getting in later) and, of course, that you purchased the steak from this store. However, you can only sue for--

1) unreimbursed or out-of-pocket medical costs;

2) lost wages (if any);

3) "pain and suffering" for physical illness or disability which interferes with normal life functions or enjoyment, for an amount commensurate with the degree of impairment or suffering and its duration.

If you and your husband have not lost wages (or only lost a small amount), have few or no medical bills from this, and his illness is either most emotional/psychological (for example, from the thought of the worm) and/or is fairly short lived, you would not be able to recover enough to justify the cost of a lawsuit.


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