Can I sue 5 hour energy drink?

Asked over 2 years ago - Pittsburgh, PA

I have been having boughts of diarrhea, nausea, dizziness and others that are not listed on the label. Which I had figured was due to my health and lost my job because I was getting sick and spent many times in er's being told I am a hypacondriac. I was wondering if I could sue, loss of job and suffering. Because they didn't state it and I was in fear it was my health and had plenty of tests that were negative

Attorney answers (4)

  1. John Robert Sauter

    Contributor Level 11

    8

    Lawyers agree

    Answered . COULD you sue 5 Hour Energy? Sure, you COULD sue them. You wouldn't win, however, unless you were able to show that your diarrhea, nausea, and dizziness were CAUSED by drinking their energy drink - and not by a whole host of other factors: you age, weight, living conditions, eating habits, stress level, exposure to environmental factors, etc.

    In order to show that their energy drink caused your symptoms, you'd have to present expert testimony - meaning you'd have to hire an attorney who would agree to take your case. Then, you attorney would have to find a doctor who'd examine you (likely at your cost) and that doctor would have to find that the drink caused your symptoms - and what do you think the odds are of that happening?

    Don't waste your time.

  2. Joel Jay Kofsky

    Contributor Level 14

    3

    Lawyers agree

    Answered . You can sue, but it would be very difficult to find an attorney to accept the case for reasons above.

    http://www.phillyinjurylawyer.com/

  3. Christine C McCall

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You have had good advice here about the poor prospects for a lawsuit. But, you can make a complaint to the FDA. You don't need an attorney and it won't cost you anything. Of course, you won't be awarded any damages either, but your experiences will be considered in the government's tracking and assessment of the product.

    Here's the link for on-line reporting of a non-emergency:
    http://www.fda.gov/Safety/ReportaProblem/ucm059...

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You can sue a ham sandwich as they say, but it may not get you that far. If you can prove that this drink caused you serious damages, and the costs of the lawsuit are outweighed by the recovery, than it may be worth pursuing, but it's probably unlikely. However, good luck.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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