Short Answer

In North Carolina, you can pursue the store for selling unsafe food under negligence and warranty law. The state does not use strict product liability, so you must prove the store’s fault or that the food was not fit for ordinary use. Preserve the product and packaging, gather your medical records, and file a civil complaint in the proper county within the applicable deadline, typically three years for personal injury claims.

Understanding the Problem

You want to know if you can hold a North Carolina store legally responsible after eating an expired pickled product and being diagnosed with bacterial colitis. This question sits squarely in personal injury/product liability: can an injured customer recover money damages from a seller for contaminated or expired food? We focus on what you must prove, where to bring the claim in North Carolina, and the key timing and process points that affect your rights.

Apply the Law

North Carolina allows claims against a seller of food based on negligence (carelessness in selling unsafe food) and breach of implied warranty (food not fit for ordinary consumption). North Carolina does not impose strict product liability. Claims for money damages are filed as civil actions in the trial courts, not as estate or special proceedings before the clerk. Service of your lawsuit must follow North Carolina’s civil process rules, and defendants generally have 30 days after service to respond. Most personal injury claims must be filed within three years, but specific deadlines can vary by claim type.

Key Requirements

• Unsafe product: Show the food was unwholesome or unsafe (for example, expired or contaminated) when the store sold it.
• Causation: Link that food to your illness through timing, medical records, and, when available, testing.
• Damages: Document medical bills, symptoms, missed plans/work, and other losses tied to the illness.
• No strict liability: In North Carolina, you proceed under negligence and/or warranty theories rather than automatic liability.
• Timely filing and service: File suit within the applicable limitations period (often three years for injury) and serve the summons and complaint properly.
• Proper forum and venue: File your civil action in the county where the store does business or where the injury occurred, and in the correct trial division based on the amount sought.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 99B (Product Liability) - Sets out product liability rules (NC does not use strict liability).
• N.C. Gen. Stat. § 25-2-314 (Implied warranty of merchantability) - Goods (including food) must be fit for ordinary purposes.
• N.C. Gen. Stat. § 1-52 (Limitations of actions—three years) - Most personal injury claims must be filed within three years.
• N.C. Gen. Stat. § 1A-1 (Rules of Civil Procedure, including Rule 4—Service) - Governs issuing and serving the summons and complaint.

Analysis

Apply the Rule to the Facts: Selling an expired pickled product suggests the food may have been unsafe at the time of sale, satisfying the “unsafe product” element. Your quick onset of vomiting, diarrhea, and cramping followed by a bacterial colitis diagnosis supports causation, especially when documented by medical records; preserving the product and packaging strengthens that link. Your ER visits, prescriptions, and disruption to moving and family planning are recoverable damages if tied to the illness. File within the limitations period and serve the store properly to preserve your claim.

Process & Timing

1. Who files: The injured customer. Where: Clerk of Superior Court, Civil Division, in the county where the illness occurred or where the store is located. What: File a Complaint and a Civil Summons (AOC form) and a civil cover sheet; request issuance of the summons. When: File within the applicable statute of limitations (often three years for injury). After filing, have the summons and complaint served under Rule 4 (sheriff or certified mail, among other methods).
2. After service, the store (or its insurer) typically has 30 days to answer. Expect early evidence gathering: medical records requests, product/packaging inspection, and written discovery. Timeframes vary by county.
3. Most cases move to mediation before trial. If unresolved, the court sets a trial. You seek a judgment for your damages or a settlement agreement that ends the case.

Exceptions & Pitfalls

• No strict liability: You must prove negligence or breach of warranty; North Carolina does not impose automatic liability for product injuries.
• Contributory negligence: If the store shows you failed to use reasonable care (for example, ignoring plainly visible warnings), recovery can be barred.
• Evidence spoliation: Do not throw away the food, jar, lid, or receipt; preserve them in a sealed bag/container and photograph labels and expiration dates.
• Causation gaps: Illness can have multiple sources; prompt medical evaluation and consistent records strengthen the link to the product.
• Service mistakes: Make sure the summons issues upon filing and service follows Rule 4; improper service can delay or dismiss your case.

Talk to a Personal Injury Attorney

If you're dealing with illness after eating an expired product and need to protect your claim and timeline, our firm has experienced attorneys who can help you understand your options and next steps. 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.