Sue Coke for Negligence?

[InjuredOkie]

What is the name of your state? Oklahoma

I own a small diner in Oklahoma, and ordered Coke in glass bottles from Coca-Cola. Upon arrival the vendor put the bottles in the refrigerator, which was the only beverage in the refrigerator at that particular time.

Within fifteen minutes after the Coke bottles had been placed in the refrigerator by the vendor, I went to the refrigerator to take out a bottle of Coke for a customer. Just as I reached in to pick up the bottle, a bottle exploded and a piece of glass struck me on my right cheek. I had to be under a doctor's care for approximately three weeks. The injury left a small scar on my face. I now suffer from neuritis, and have several medical bills.

I don't have any evidence showing carelessness or negligence by Coke, except that the bottle exploded and I was injured. Do I have a legal basis for winning a lawsuit against Coke?

 

[Ozark_Sophist]

The joy of working in a coke bottling facility was dodging the two liter rockets--plus all the coke products I could drink. A fresh two liter can puch a hole through things and leave the plastic bottle looking like it had been run over by a semi.

What did Coke say?

 

[Zigner]

What is the name of your state? Oklahoma

I own a small diner in Oklahoma, and ordered Coke in glass bottles from Coca-Cola. Upon arrival the vendor put the bottles in the refrigerator, which was the only beverage in the refrigerator at that particular time.

Within fifteen minutes after the Coke bottles had been placed in the refrigerator by the vendor, I went to the refrigerator to take out a bottle of Coke for a customer. Just as I reached in to pick up the bottle, a bottle exploded and a piece of glass struck me on my right cheek. I had to be under a doctor's care for approximately three weeks. The injury left a small scar on my face. I now suffer from neuritis, and have several medical bills.

I don't have any evidence showing carelessness or negligence by Coke, except that the bottle exploded and I was injured. Do I have a legal basis for winning a lawsuit against Coke?

We don't do homework.

EDIT: This is just a slight variation on Escola v Coca-Cola Bottling

 

[InjuredOkie]

The joy of working in a coke bottling facility was dodging the two liter rockets--plus all the coke products I could drink. A fresh two liter can puch a hole through things and leave the plastic bottle looking like it had been run over by a semi.

What did Coke say?

Coke blew me off since I don't have evidence of any wrongdoing on its part. If there was too much gas in the bottle, or it was cracked, then it could explode, right? But how can I prove either of those theories since the bottle is broken?

 

[Ozark_Sophist]

We don't do homework.

Wouldn't it be nicer to say we will not do homework correctly?

"but..but..professor, thats what those fine folks at FreeAdvice said the answer was..."

 

[Ozark_Sophist]

Coke blew me off since I don't have evidence of any wrongdoing on its part.

Unless, there was a material defect they knew about and didn't do anything about, I don't see any wrongdoing.

 

[InjuredOkie]

So if there was a defect that Coke didn't know about, then there is no liability? That doesn't seem fair.

 

[mommyof4]

Who ever said fair and legal were synonymous?

If you want an answer to your question, conduct actual research. You have been given huge hints as to what to look for.

 

[HomeGuru]

Who ever said fair and legal were synonymous?

If you want an answer to your question, conduct actual research. You have been given huge hints as to what to look for.

**A: My response- drink Pepsi.

 

[VeronicaLodge]

So if there was a defect that Coke didn't know about, then there is no liability? That doesn't seem fair.

and is it fair to them to be liable for a defect they didnt know about?

what about the vending company that delivered the bottles? something could have happened in transport and placement, no?

 

[Zigner]

Guys, this is HOMEWORK!

 

[InjuredOkie]

and is it fair to them to be liable for a defect they didnt know about?

what about the vending company that delivered the bottles? something could have happened in transport and placement, no?

considering coke is the party that created the defect, my answer is yes it is fair for them to be liable. by the way, the vendor was a coke employee.

 

[Zigner]

considering coke is the party that created the defect, my answer is yes it is fair for them to be liable. by the way, the vendor was a coke employee.

Of course he was...that's one of the elements of the case you are studying!

 

[JusticeSeeker1]

Have you written Coca Cola or simply phoned them?

 

[>Charlotte<]

Apparently neither, JusticeSeeker1. It looks like this is a kid looking for homework help, which is very strongly discouraged here.