Drank half a can of this stuff before I threw it out. Just thought something was in the ice. I opened another can an took a drink. Same stuff - carbonated - smelled like paint. The smell could be a mix of some citrus something and the excessive carbonation. The company wants to send me some coupons and have me send what I saved back. I'm OK with that, but, I found 1 more can in the back of the frig. It has the same date code as the previous 2 other bad ones. It all was in a 12 pack. 9 good 2 known bad 1 unopened.
2006-06-14 13:32:53 · 16 answers · asked by Curtis M 1 in Politics & Government ➔ Law & Ethics
It might be hard to sue the manufacturer because how do you know that they were at fault...it could be the store's error. What if the store forgot to refrigerate it (if frozen or refrigerated), delivery company might have caused the problem, etc. You would have to be able to trace who was really at fault for the "tainted" lemonade before suing or it would get thrown out before it ever got anywhere.
2006-06-14 13:38:48 · answer #1 · answered by ilse72 7 · 3⤊ 0⤋
In order to be successful in a law suit or in a claim against a potential defendant, you must not only prove that the defendant did something wrong, you must prove that you were injured or damaged as a result of that defendant's conduct. In your case, it's not enough to say that the lemonade smelled liked paint, you must prove that the lemonade made you sick in some way for there to be any sort of substantial recovery against the manufacturer. Hopefully, you'll be fine, but I suggest that if you don't feel well, go to a doctor. If that doctor is able to prove you are ill as a result of drinking the lemonade, you may have a case. If not, take the coupons.
2006-06-14 20:45:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Don't bother wasting time and money on suing the company unless you have a definite way of proving that the substance in those cans made you ill. Just take the coupons, never buy the brand again, and spread the word about how the brand made you ill. You will get the satisfaction of causing the company to lose a few customers in your area.
2006-06-14 20:38:34 · answer #3 · answered by saparrrapah 4 · 0⤊ 0⤋
You know, I had a bag of Doritos chips one time...pepper jack flavor or something (it was a new flavor), and I was eating these chips and then I felt something in my mouth that felt like a hair. I spat out the whole mouth full of chewed up chips onto a napkin and pulled out what looked like a pube hair. I called up the company and explained what happened and they offered me coupons of free chips...I declined of course, and they also wanted me to send them the hair, and the rest of the uneaten chips. I was so discussted and asked lawyers if they could look into the case. They didn't want to bother because there wasn't any long-term effects, such as mental or physical damages; like psychiatric help or a visit to the doctor. It was an experience I won't forget any time soon. So, I hope my experience will help you out in yours. Take my story any way you want.
2006-06-14 20:45:39 · answer #4 · answered by Jesus_Freek 1 · 0⤊ 0⤋
Its just a giant waste of your time and money to sue the company - you didnt get gravely injured from drinking the lemonade - just a little sick. You won't win, just accept the coupons and move on with life.
2006-06-14 20:38:51 · answer #5 · answered by Too Silly 5 · 0⤊ 0⤋
I would be very careful with what they ask you to do. Don't give them the other can back but take the coupons.Suing needs doctors evidence and so on if you've got it then sue if you want but in my opinion if you only got a little sick you probably wouldn't win the court case.
2006-06-14 20:40:05 · answer #6 · answered by Abs 2 · 0⤊ 0⤋
That would be up to a judge, chances are if you only got a little sick you will not get any money out of it. Also remember you are a single person going up against a probably huge company. They have well paid lawyers to handle exactly this type of situation...
2006-06-14 20:37:41 · answer #7 · answered by thecup420 4 · 0⤊ 0⤋
sounds like a great idea,but there's a problem.There's not any lawyers that would take a case like that. It would be like " The Little Man Faces The Giant". It's cruel but, now days you have to be almost died before anyone will pay attention to you. J.R.
2006-06-14 20:45:33 · answer #8 · answered by bigjoplin 1 · 0⤊ 0⤋
if the date on the can was not expired.... then you may have a case. I would call a lawyer just for advice and then go from there!
2006-06-14 20:39:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No...
why is it the first think people always ask themselves is "can i sue?"
What a messed up country.
Live and LEARN.
2006-06-14 20:37:32 · answer #10 · answered by Amanda 3 · 0⤊ 0⤋