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?

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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 9 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.


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