Legal Question in Product Liability in New Mexico

Outdated Milk


Just recently my 13 yr old son got sick, nausea, stomach cramps,ect. He had drank almost a qt of outadated flavored milk, purchased at a local grocery store. We had to take him to the e-room were he recieved testing and a few shots, antibiotics and something to cure the gas. We checked dates on the container and found that it had gone out of date in Nov 02. We purchased on 12/27. I went to the store and notified the clerk behind the service desk, she was helpful, but when she notified the manager he seemed to think it a joke, and told her to keep quiet, not knowing I was present. This upset me. I dont know if they took it off the shelfs. Is there anything I can do about this?


Asked on 12/29/02, 10:51 am

1 Answer from Attorneys

Brent Bailey Dixon, Scholl & Bailey, P.A.

Re: Outdated Milk

The answer to your question is yes. You can do something about a store owner who sells old milk if the old milk has made your son sick. In New Mexico there have been some cases that have dealt with similar issues. One case that I am familiar with was against the Roswell Country Club for serving food that made several members sick. Since your son was harmed by the bad milk any claim would have to be made in the name of his parents and/or legal guardians. If you would like to discuss this situation further, please call me on the telephone at (505) 244-3890.

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Answered on 12/29/02, 7:06 pm

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