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grencha · Feb 13, 2013, 10:46 AM

If you were to purchase an item at a Grocery store and it made you sick or was found spoiled what is the responsibility of the store? I have found an item like milk spoiled and returned it for a another one. Just recently a gallon of spring water was found to have some kind of contamination. This after using over half of the gallon so I returned it to the store. Do they have to follow up and determine what was wrong with the water? They did not ask my name or any contact information regarding the return so I think they will do nothing other than give an replacement for what you had purchased. I kept some of the water from the gallon and have found it would be costly to have it tested on my own.

joypulv · Feb 13, 2013, 10:53 AM

No, not unless a court or health department official orders them to (or a recall, separate type of issue).
The store doesn't know what a buyer does with their product, leaving milk in the hot sun in a car or a kid dumps some fish tank water back in the spring water. All ingested products have batch numbers on the packaging so that the gov't can determine what happened at a factory, by batch. Individual problems are just that, and the store is just obliging customers who are unhappy.
This is not to suggest that you leave milk out or put something in the water! Just that if you want to know what happened, you are on your own getting testing done.
I personally would never buy bottled water, having read some stories that suggest it isn't just a waste of money, but also there are many brands that are dubious at best in terms of 'spring' quality. There might be one or two that are very well known as being 100% from real springs that are 100% uncontaminated.

dontknownuthin · Feb 13, 2013, 10:55 AM

The responsibility to you is to replace the item or refund your money. I'm sure they can put time limits after purchase and other reasonable restrictions on this.

I would think a responsible store owner would check the rest of their inventory, and if it's a manufacturing issue, follow up with the supplier. I would think it cost prohibitive to chemically test an item unless they had multiple complaints or a serious complaint with an injury or poisoning or something.

grencha · Feb 13, 2013, 11:08 AM

Originally Posted by joypulv

No, not unless a court or health department official orders them to (or a recall, separate type of issue).
The store doesn't know what a buyer does with their product, leaving milk in the hot sun in a car or a kid dumps some fish tank water back in the spring water. All ingested products have batch numbers on the packaging so that the gov't can determine what happened at a factory, by batch. Individual problems are just that, and the store is just obliging customers who are unhappy.
This is not to suggest that you leave milk out or put something in the water! Just that if you want to know what happened, you are on your own getting testing done.
I personally would never buy bottled water, having read some stories that suggest it isn't just a waste of money, but also there are many brands that are dubious at best in terms of 'spring' quality. There might be one or two that are very well known as being 100% from real springs that are 100% uncontaminated.

Reply:
Well as far as it actually being spring water I have heard a lot are from municipal water sources and therefore contain chemicals used to treat public water supply. The only reason I use it is because of where my tap water is from and who is doing the treatment. I have a private water source from a well. Even if the spring water I purchase is not actually that I think source is better. But if the water I had purchased was contaminated why wouldn't the store and supplier want to find out what happened to it? As far as something happening to the water after the fact well I live alone and as far as I know no one has access to my home when I am not there. Thanks for your input thou.

JudyKayTee · Feb 13, 2013, 11:14 AM

You sue for damages. What are your damages? The purpose of a lawsuit is not to teach someone a lesson or punish someone. It's to make you whole.

I have had food poisoning twice in my life, both from restaurants. Both required ER care. My recourse? The restaurants which "poisoned" me gave me a certificate for a free dinner because my health insurance paid my medical bills and I lost nothing monetarily.

AK lawyer · Feb 13, 2013, 01:32 PM

Originally Posted by grencha;

...
Just recently a gallon of spring water was found to have some kind of contamination. ... I kept some of the water from the gallon and have found it would be costly to have it tested on my own.

Then how do you know it's "contaminated"?

grencha · Feb 14, 2013, 11:12 PM

Originally Posted by AK lawyer

Then how do you know it's "contaminated"?

Reply:
How do I know it is contaminated, really, when you put it in a clear container and it looks like is cloudy you would have to think there is something in it. But I found a way to have it tested and will be doing that very soon. Just hope I am not told I ingested so kind of toxic chemical that will eventually result in death.

Alty · Feb 14, 2013, 11:42 PM

Originally Posted by grencha

Reply:
How do I know it is contaminated, really, when you put it in a clear container and it looks like is cloudy you would have to think there is something in it. But I found a way to have it tested and will be doing that very soon. Just hope I am not told I ingested so kind of toxic chemical that will eventually result in death.

Judy gave you the best reply. The only obligation the grocery store has is to make you whole. In other words, if you bought milk that cost you $3, and it was bad, they are responsible to give you either a new container of milk, or $3, because that's what you're out.

If you become ill after drinking water you bought from the store, and you can prove that the water is what made you ill, then they would be responsible for your medical bills, and a new container of water. But proving that it was the water that made you ill, would be next to impossible.

If you want to waste money testing the water, that's your call. If it proves to be contaminated, they will owe you another container of water, or the money you paid to purchase the water.

Fr_Chuck · Feb 15, 2013, 03:32 AM

The store where you bought it, has no real liability on this. You need to talk to the company that actually bottles it. No the store does no other follow up

ScottGem · Feb 15, 2013, 04:20 AM

The ONLY way the store has liability is if a previous customer reported the item and they continued to sell it or if there was a recall and they didn't remove it from their shelves.

Otherwise your recourse is against the manufacturer and again, you have to show damages. You would also have to prove the contamination and prove that the manufacturer was negligent in allowing it.

dontknownuthin · Feb 15, 2013, 01:02 PM

Originally Posted by JudyKayTee

You sue for damages. What are your damages? The purpose of a lawsuit is not to teach someone a lesson or punish someone. It's to make you whole.

I have had food poisoning twice in my life, both from restaurants. Both required ER care. My recourse? The restaurants which "poisoned" me gave me a certificate for a free dinner because my health insurance paid my medical bills and I lost nothing monetarily.

I bet you couldn't wait to go back for another Salmonella burger!