I ate some raw shellfish I bought at a grocery store and ended up with a bacterial infection that resulted in a leg amputation. Can I sue the store?

I’m so sorry to hear about your amputation. What happened to you is very rare, but does happen on occasion. Raw shellfish can contain bacteria, which in unusual cases can cause a bacterial infection in the individual consuming the shellfish. In a small percentage of cases involving bacterial infections, the infection is resistant to drugs, and the victim may have to undergo an amputation to prevent the infection from spreading.

In order to recover in any negligence case, the plaintiff must prove that the defendant breached a duty that was owed to him or her, and that harm resulted as a result. Clearly in this situation, there was harm to the victim, but it must also be shown that a duty was breached. If the shellfish were improperly handled, were purchased from a questionable source, or were clearly rotten at the time the grocery store sold them, the grocery store likely breached its duty. That may be a tough hurdle to overcome, but it is possible.

As an amputee, if you can prove liability, you should be able to prove a large amount of damages. Some potential damages could include past and future medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. If the amputation has caused you to be unable to work at your job, you may be entitled to payments for your disability as well.

As an amputee myself as well as a personal injury attorney, I enjoy helping clients pursue compensation against parties that have wronged them. Call me, Conal Doyle, amputation attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.