What evidence do I need to prove the store sold me expired food that made me sick?: North Carolina
What evidence do I need to prove the store sold me expired food that made me sick? - North Carolina
Short Answer
In North Carolina, you must show by the greater weight of the evidence that the store sold you the expired item, the product was expired when sold, and that eating it caused your illness and damages. Keep the food and packaging, document the expiration date and purchase, seek prompt medical care, and gather medical records and bills. Move quickly to preserve store video and inventory records and to avoid defenses like contributory negligence or the sealed-container rule.
Understanding the Problem
In North Carolina, how can a customer prove a personal injury claim that a store sold expired food and that eating it caused illness? The focus is on evidence that links the sale to the product’s condition and your symptoms. Here, you purchased a pickled product and became very ill within minutes.
Apply the Law
North Carolina law allows claims against a seller for negligence and, in product cases, also sets rules for when a retail seller can be held responsible for a sealed item. You carry the burden to prove, by the greater weight of the evidence, duty, breach, causation, and damages. Civil cases are filed in the General Court of Justice (usually in the county where the store is located or where the injury occurred). The general limitation period for injury claims is three years from the injury date; procedures and thresholds can vary.
Key Requirements
Proof of purchase and identity of the seller: Receipt, bank statement, and any loyalty or point-of-sale records tying you to the store and the item.
Proof the item was expired at sale: Clear photos and preservation of the packaging showing the expiration/"use by" date, lot/code numbers, and condition when opened.
Preservation and chain of custody: Keep the remaining food sealed and refrigerated or frozen; bag and label it; avoid handling that could be blamed for contamination.
Causation evidence: Prompt medical records noting what you ate, timing of symptoms, test results (e.g., stool studies), and a qualified medical professional’s opinion linking the illness to the product.
Damages documentation: ER records, prescriptions, follow-up care, out-of-pocket costs, and proof of disruptions to daily life.
Overcoming seller defenses: For sealed items, gather proof the store knew or should have known it was expired on the shelf or mishandled storage; avoid facts suggesting you ignored an obvious expiration or mishandled the food (contributory negligence).
Apply the Rule to the Facts: Your receipt and packaging can show where you bought the pickled product and that it was expired at the time of sale. Immediate vomiting, diarrhea, and cramping, followed by hospital diagnoses of bacterial colitis, tie timing and symptoms to ingestion. Preserving the jar and documenting the expiration and lot codes support causation and help defeat a sealed-container defense. Your medical records, prescriptions, and evidence of disrupted plans show damages.
Process & Timing
Who files: The injured customer. Where: Civil division of the General Court of Justice in the county where the store is located or where the illness occurred in North Carolina. What: Civil Summons (AOC-CV-100) and a Complaint alleging negligence/product liability. When: File within the three-year limitation period; send a preservation letter to the store immediately to retain video and inventory records.
Issue subpoenas in discovery for store video, inventory pull logs, price-change/shelf-rotation records, vendor invoices, and any complaint logs; obtain medical records and, if available, lab results. This phase often spans several months and can vary by county.
Resolution through mediation or trial; if successful, the court enters a judgment. Keep the product available for inspection and testing throughout.
Exceptions & Pitfalls
Sealed-container defense: A retailer of a sealed product may avoid liability unless you show negligence, knowledge, or mishandling—evidence that the item was expired on the shelf helps.
Contributory negligence: If you ignored an obvious expiration date or mishandled the food, recovery can be barred.
Spoliation: Throwing away the food or packaging weakens causation; preserve the item and document chain of custody.
Medical proof gaps: Delayed treatment or missing lab tests can undermine causation; ensure your medical records reflect what you ate and when symptoms began.
Notice and preservation: Failing to promptly demand the store preserve video and records risks permanent loss of key evidence.
Conclusion
To prove a North Carolina claim that a store sold you expired food that made you sick, show the sale, the expired status at the time of sale, a reliable link between eating it and your illness, and your damages—by the greater weight of the evidence. Preserve the food and packaging, document the expiration and purchase, secure medical records, and move fast to preserve store records. Next step: send a written preservation letter and keep the product intact; then file suit within three years if needed.
Talk to a Personal Injury Attorney
If you're dealing with illness from allegedly expired food sold in North Carolina, 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.
