my friend was killed by my diet coke and mentos rocket. i want to sue them for the loss of my friend.
2006-08-27 12:41:10 · 9 answers · asked by holden.mcgroyn 1 in News & Events ➔ Current Events
nope, diet coke is to be drank as is. mentos is to be eaten as is. misuse of a product does not entitle you to damages. you do not even have a legal standing to sue for the death of your friend.
2006-08-27 12:50:32 · answer #1 · answered by Anonymous · 0⤊ 0⤋
My deepest condolences for the loss of your friend, and your anger and hurt over what caused your friend's death is easily understandable.
I believe there are 2 things that are factors to consider in whether you would have standing to sue in this matter:
1) Whether something in the product itself was at fault, or the victim's use of the product was at fault.
2) What your personal relationship was with the deceased and how the court would view that as far as your standing to sue.
It's unlikely you would have standing to sue based on a use of a product that was other than those within the scope of those advertised by the seller.
In other words, if one used the product in ways that one would not normaly expect it to be used, then it would be a problem to find the seller liable.
There was a case in Texas where the buyer of a boat tried to sue the boat maker because of injuries he sustained when trying to use the steering wheel as a restraining device to keep himself from getting hurt while running the boat, His claim got denied by the court because of his use of the product other than the use it was designed for.
However if there was something in the diet coke itself that brought on the injuries and contributed to your friend's death, something that one would not normally in good faith expect to find in a diet Coke, then that would be a start.
As to whether you could sue on the basis of that person being your friend, it's a hard call as to whether you could have standing to sue, depending on how the court views the significance of the relationship you had with the deceased. There might be a case for emotional distress, which is a more subjective factor. Also, if you derived some material benefit from the association you had with your friend, that would be additional grounds you could consider for suing.
I'm not an attorney and can't legally advise you; I'm just sharing some things I came across while doing legal research as a pro se litigant some years ago.
I wish you the very best in resolving this matter in a way that will bring you peace and comfort.
2006-08-27 13:06:13 · answer #2 · answered by Alex T 2 · 0⤊ 1⤋
If Mythbusters couldn't manage to make a diet coke and mentos rocket, how did you manage too?
2006-08-27 12:46:41 · answer #3 · answered by C K Platypus 6 · 0⤊ 0⤋
Just another punk looking to make an easy buck. So you think money will replace your friend? Maybe someone should sue you for killing your friend.
2006-08-27 12:51:28 · answer #4 · answered by bonz 2 · 0⤊ 0⤋
your not suposed to mix coke and mentos, it says so clearly on the label
2006-08-27 15:16:43 · answer #5 · answered by acid tongue 7 · 0⤊ 0⤋
You should sue your parents from making you so stupid. That has a better chance of winning.
2006-08-28 14:40:49 · answer #6 · answered by Vincent G 7 · 0⤊ 0⤋
Maybe you could sue your parents for making you an idiot.
2006-08-31 12:03:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Buy a parakeet
and give it alkaseltzer
Then get a hamster and put it in the microwave.
2 more lawsuits!
2006-08-27 13:07:22 · answer #8 · answered by KLD it. 4 · 1⤊ 0⤋
Um no.
It was your idea to mix them.
2006-08-27 12:46:49 · answer #9 · answered by Kayte 4 · 0⤊ 0⤋