Short Answer

Yes. In North Carolina, you can bring a product liability and negligence claim if contaminated food caused your illness and bleeding. You must prove the food was unsafe when sold, that it caused your bacterial colitis, and that you suffered damages. You may sue the manufacturer and, in some cases, the store, though stores often have a “sealed container” defense unless an exception applies.

Understanding the Problem

In North Carolina, can you sue a manufacturer or store for injuries after eating expired food that led to bacterial colitis and bleeding? This question sits at the intersection of personal injury and product liability law. You want to know whether you can seek compensation, who you can sue, and what you must prove. The focus is on whether the sold food was unsafe and caused your diagnosed illness.

Apply the Law

North Carolina law allows claims against those who make or sell defective food that is unreasonably unsafe for consumption. The main forum is the North Carolina General Court of Justice; you file your complaint with the Clerk of Superior Court in the county where the defendant resides or where the illness occurred. Key deadlines include the general personal-injury deadline and, for warranty claims, a four-year limit from delivery; deadlines can vary by claim, so act promptly.

Key Requirements

• Defect/Unreasonably Unsafe Food: The food was contaminated or not fit for ordinary consumption when it left the seller or manufacturer.
• Causation: The contaminated food more likely than not caused your bacterial colitis and bleeding (medical records and testing often matter).
• Damages: You suffered harms such as medical treatment, lost time, or other measurable losses.
• Proper Defendant: The manufacturer is typically a primary defendant; a retailer may be liable only if an exception to the sealed-container/seller protections applies.
• Notice for Warranty Claims: If you pursue a sales-warranty claim, you should give the seller prompt notice of the problem and preserve the product and receipt.

What the Statutes Say

• N.C. Gen. Stat. § 99B-2 (Liability of sellers; sealed container defense) - Limits a retailer’s liability unless specific exceptions apply.
• N.C. Gen. Stat. § 99B-4 (Defenses in product cases) - Recognizes defenses including contributory negligence and product misuse.
• N.C. Gen. Stat. § 25-2-314 (Implied warranty of merchantability) - Food must be fit for ordinary consumption.
• N.C. Gen. Stat. § 25-2-725 (Limitations for warranty claims) - Four-year limit for breach-of-warranty claims, usually from delivery.

Analysis

Apply the Rule to the Facts: The expired pickled product suggests the food may not have been fit to eat, satisfying the “defect/unsafe” element if contamination is proven. Your ER diagnosis of bacterial colitis and documented bleeding help on causation, but medical testing tying the illness to that product strengthens the claim. Receipts, packaging, and any leftover product support identification of the seller and manufacturer. Your treatment and disruption to plans show damages.

Process & Timing

1. Who files: The injured consumer. Where: Clerk of Superior Court in the North Carolina county where the defendant does business or where you became ill. What: Civil Complaint and Civil Summons (AOC-CV-100). When: Aim to file within the general personal-injury period; warranty claims carry a four-year window from delivery.
2. Send a prompt preservation/notice letter to the store and manufacturer, report the illness to the local health department, and secure medical and purchase records. Investigation and records collection often take weeks to a few months.
3. After filing and service, the case moves to discovery, potential mediation, and, if unresolved, trial. The case ends with a judgment or dismissal.

Exceptions & Pitfalls

• Retailer protections: A store that sold a sealed product may be protected unless it knew of the danger, made its own warranty statements, or the manufacturer cannot be sued in North Carolina.
• Contributory negligence: North Carolina’s contributory negligence rule can bar recovery if you unreasonably ignored clear safety issues (for example, visible spoilage).
• Causation proof: Lack of lab testing, failure to preserve the leftover food/packaging, or gaps in medical records can undermine causation.
• Notice for warranty: Delayed notice to the seller can weaken a warranty claim.
• Wrong defendant: Identify the correct manufacturer and distributor early; mislabeled parties can delay or derail the claim.

Talk to a Personal Injury Attorney

If you're dealing with illness and bleeding after eating contaminated food, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.