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Do I have a Case?

post #1 of 40
6/25/10 at 12:20pm
Thread Starter 
I mostly lurk around here looking for style tips. Found out there are more than just good dressers around here so wanted to ask a question: a nation-wide pharmacy chain has just sold me an expired box of baby formula for my 3 and a half month baby. Do I have a case here?! Please PM me for more details. Thank You!
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post #2 of 40
6/25/10 at 12:23pm
A case for what? Refund yes, liability no.
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post #3 of 40
6/25/10 at 12:27pm
The pharmacy could be liable for all of the damages arising from their negligence. Which, in this case, would be something in the neighbourhood of $0.
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post #4 of 40
6/25/10 at 12:30pm
Yes. Please PM me for more details about representation. I offer attractive rates.
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post #5 of 40
6/25/10 at 12:31pm
Quote:
Originally Posted by bullrams View Post
I mostly lurk around here looking for style tips. Found out there are more than just good dressers around here so wanted to ask a question: [i]I just bought an expired box of baby formula for my 3 and a half month baby from a nation-wide pharmacy chain.[/I] Do I have a case here?!

Please PM me for more details.

Thank You!

Fixed! Next time, check the expiration/sell by date. I do for meat/salad dressing/mayo/etc. Check for your 3 and a half month old! Geez!
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post #6 of 40
6/25/10 at 12:35pm
Was your baby injured in any way?

Did the company actively try to hide the expiration date from you?

If the answer to either of these questions is no, then the answer to your question is no.
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post #7 of 40
6/25/10 at 12:36pm
Quote:
Originally Posted by bullrams View Post
I mostly lurk around here looking for style tips. Found out there are more than just good dressers around here so wanted to ask a question: a nation-wide pharmacy chain has just sold me an expired box of baby formula for my 3 and a half month baby. Do I have a case here?!

Please PM me for more details.

Thank You!

If you really lurked as much as you claim you would know that no one poses legal questions in GC. Any legal question we have is automatically PMed to Conne who, with his JD from Princeton, is well-equipped to answer every legal question ever.

Also, I'm not a lawyer (and can't offer any legal advice), but my guess is that you do not have a case. My understanding of expired-formula case law leads me to believe that you only have a case if the age of the baby is between zero and three months and four-plus months. There is a legal "dead period" during the fourth month of life.
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post #8 of 40
6/25/10 at 1:05pm
Thread Starter 
Ok, bummer!! I remember someone suing and winning for not being warned about a hot coffee being hot. Last week, the expiration had come up in their system at the checkout counter. Yesterday when I bought again, I checked the expiration date and brought it to the notice of the store people. The lady handed me a $5 card and told me of a different location where I could buy a 'not expired' one. The coffee case came up and I wondered if I had a case here. I went again to buy it to see if they would catch it. They didn't, so quote, "a nation-wide pharmacy chain has just sold me..." unquote. If a hot coffee cup can have a warning, why can't there be a warning of checking the expiration date etc??! Lurking is mostly on WAYWRN and 'following' vox, fred49, MoK amongst many others. I did pm vox about this though!! lol! I see the point though - thanks for the feedback, I'll go get my refund!
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post #9 of 40
6/25/10 at 1:07pm
the woman in the hot coffee case got terrible burns all over her lap. And there was legislation in place setting a maximum temperature for hot drinks, which McDonalds was consistently, knowingly exceeding.
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post #10 of 40
6/25/10 at 1:12pm
Quote:
Originally Posted by Working Stiff View Post
the woman in the hot coffee case got terrible burns all over her lap. And there was legislation in place setting a maximum temperature for hot drinks, which McDonalds was consistently, knowingly exceeding.
Yep. This case is lampooned all the time by tort-reform advocates, but is actually not a good example of a runaway litigation system.
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post #11 of 40
6/25/10 at 1:20pm
OP, were you seriously considering filing a lawsuit over expired baby formula?
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post #12 of 40
6/25/10 at 1:21pm
Should this be a non-US company, SF has several international legal experts available.
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post #13 of 40
6/25/10 at 1:21pm
a case of baby formula?
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post #14 of 40
6/25/10 at 1:26pm
Quote:
Originally Posted by bullrams View Post
Ok, bummer!! I remember someone suing and winning for not being warned about a hot coffee being hot.

Last week, the expiration had come up in their system at the checkout counter. Yesterday when I bought again, I checked the expiration date and brought it to the notice of the store people. The lady handed me a $5 card and told me of a different location where I could buy a 'not expired' one. The coffee case came up and I wondered if I had a case here. I went again to buy it to see if they would catch it. They didn't, so quote, "a nation-wide pharmacy chain has just sold me..." unquote.

If a hot coffee cup can have a warning, why can't there be a warning of checking the expiration date etc??!

Lurking is mostly on WAYWRN and 'following' vox, fred49, MoK amongst many others. I did pm vox about this though!! lol!

I see the point though - thanks for the feedback, I'll go get my refund!

Dude, why didn't you say that? There is the potential for a huge settlement here. I mean HUGE. Please contact me for more info on how to proceed. I accept cash up front in lieu of a portion of the settlement, that is in your favor too!
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post #15 of 40
6/25/10 at 1:28pm
Quote:
Originally Posted by k9n View Post
a case of baby formula?

be careful buying by the case! if your expiration date is looming you may not get through the whole thing b4 hitting it, esp. if breastfeeding!

*now move to DT
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