What are my rights if I recently took a drink of a brand name protein shake out of a bottle but the drink was so rancid that it caused me to immediately vomit?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if I recently took a drink of a brand name protein shake out of a bottle but the drink was so rancid that it caused me to immediately vomit?

I was driving and had to swerve off of the road and was in danger of being hit by passing vehicles. I still have the drink in it’s original container. The company offered me a coupon to replace the drink. What would be adequate compensation for my horrific experience of their product, if any? Do I have a case?

Asked on March 23, 2015 under Personal Injury, Texas

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

You can only recover damages for actual injury.  The fact that you were in danger of being hit is not going to support a claim for damages.  You can not recover for what could have happened or might have happened.  Also, you really should not be eating or drinking beverages while driving.  A jury might award you a small amount for the anxiety you no doubt experienced, but it is probably not worth the effort.  If you otherwise like the product, try to negotiate for more than one coupon.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption