A bottle of Gatorade was sealed but was much more empty than others like it. It looked okay so I started drinking. Half way through I felt a slimy substance in my mouth and spat it back into the bottle. Further inspection reviled a lot more of this substance floating in the Gatorade. I don't know what this is, I have no way of knowing if it's toxic or harmful to me. I wonder if I could receive compensation for my trouble with this product, and potential medical risk.
General Practice Lawyer
If you have no medical issues, no medical bills related to this, and are feeling OK, you have no case. You could return the bottle and write a hate letter to Gatorade. They may send you coupons for free drinks.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.
2 lawyers agree
State, Local, and Municipal Law Attorney
Folks often post on this forum about finding a foreign substance or object in a packaged food product or drink, asking what recourse they may have or if they have the basis for a lawsuit. While I know it’s disturbing and unpleasant, unless you were injured or got sick and had to get medical attention and incurred damages as a result, you don't have any recourse other than returning the product to the store. Lawsuits require damages to pursue, and you haven’t incurred any. Take it back to the store and see what, if anything they will do to keep you happy as a customer… Best of luck to you…
THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
Criminal Defense Attorney
You have no case unless you can prove you have damages. Call Gatorade and maybe they will give you some coupons for free product. They may ask for the bottle but don't give it to them if you have any thoughts still about suing.
The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
3 lawyers agree