Do i have a lawsuit against this company?
While i was drinking an energy drink i discoverd that there was an object in my drink, that hit the tip of my tongue and i spit it back into the can i then proceded to throw up spit and gag. Then i went to get a clean glass cup in which i proceded to poor the energy drink into the glass cup so (that i could see wat i was in the drink) in which i discoverd there was an odd shaped skin or food type object in the glass, that i had poored the energey drink in to. I then begin to gag and about an hour later i begin to get a sevier headache and very bad stomach pains also with me still gagging. My sister was also present while these actions were accuring.( i have pictures of the can the information on the can, the date, and the object the was in the drink) Do i have a case? and how much could it settle for in court if so?
Answers:
it is very clear that you are exaggerating the symptoms.there is no way something being barely touched could cause those extensive symptoms.i would write them and tell them you found something in a drink. they will probably give you some free couponds. if you go to court and you lose they may end up suing you
The problem may be that the damages sound minor. It would would have been very helpful for you to have seen a doctor. Good luck but you may have a hard time with the damages. I would think a few hundred dollars damage perhaps. Maybe they will pay much more to not have the negative publicity.
Ok, dont get rid of the evidence. Investigators will have to look at the object in order to make a decision if indeed it derived from the beverage container. If you continue to feel ill consult with a doctor and have them document everything. If you are willing to take legal action contact attorney in this field of study. You should call around different offices to determine which attorney will listen to your case. I say you can get a couple thousand for it.
What has to be proved is that u did infact find the 'thing' in the drink.
In my opinion ur sister does not make a credible witness (cause she might be baised) .
The Co. may say u put it in the drink to get money out of them.
the best way to go is to try to find people who experienced the same thing, or to find the defected drink before opening it (if it's a see-through container) and have it checked in front of the representative of the Co. -if u do that u'll get a lot as they don't want bad publicity.
Did you seek medical attention for the severe headache and very bad stomach pains that you had, and had a doctor documented your condition? NO. Next question/
In the U.S. there were a bunch of these cases where customers found disgusting things in their soda cans. Some of them were successful, some of them weren't. If it appears that you placed the item in your glass yourself, obviously you won't win. See a lawyer, keep all of the evidence. Don't keep the substance in the soda or it will disintigrate.
Unless you can prove some actual damages, you deserve maybe a free case of the drink as a show of goodwill.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: