Not exactly a defective product...

[Benwise]

What is the name of your state (only U.S. law)?
Ohio

I went through a McDonald's drive thru to get a cup of water to take my medicine for strep throat. I made it clear all I wanted was a cup of water.

The medicine doesn't go well with anything else and causes extremely upset stomachs/etc.

I got my cup, put the pills in my mouth and took a drink. It was sprite. About 5 minutes later, I ended up having to get out of my car to puke and ended up 'ruining' a pair of pants due to the intense stomach pains caused by mixing these two things. (It was in a small cup, the cups given when you order a free cup of water).

Do I have a case? I saved the cup in a ziplock bag (I knew the bottom would fall through if I left soda in it for an extended period of time, so I bagged it).

Some sort of vicarious liability? Negligence?

I don't know, just kind of upset at the situation.

Thanks!

 

[Proserpina]

What is the name of your state (only U.S. law)?
Ohio

I went through a McDonald's drive thru to get a cup of water to take my medicine for strep throat. I made it clear all I wanted was a cup of water.

The medicine doesn't go well with anything else and causes extremely upset stomachs/etc.

I got my cup, put the pills in my mouth and took a drink. It was sprite. About 5 minutes later, I ended up having to get out of my car to puke and ended up 'ruining' a pair of pants due to the intense stomach pains caused by mixing these two things. (It was in a small cup, the cups given when you order a free cup of water).

Do I have a case? I saved the cup in a ziplock bag (I knew the bottom would fall through if I left soda in it for an extended period of time, so I bagged it).

Some sort of vicarious liability? Negligence?

I don't know, just kind of upset at the situation.

Thanks!

You have no damages.

You have no case.

Why aren't you carrying a bottle of water to take your meds with?

That's what most people would do.

 

[justalayman]

I got my cup, put the pills in my mouth and took a drink. It was sprite.

at that point, you had the option of swallowing or spitting. You swallowed; your fault.

You might get them to pay for the cleaning of your pants but anything would be a gift.

 

[Proserpina]

at that point, you had the option of swallowing or spitting. You swallowed; your fault.

You might get them to pay for the cleaning of your pants but anything would be a gift.

Aw heck...I'd love to copy this as a sig line.

But I fear I'd be on a permanent time-out.

Le sigh.

 

[sandyclaus]

What is the name of your state (only U.S. law)?
Ohio

I went through a McDonald's drive thru to get a cup of water to take my medicine for strep throat. I made it clear all I wanted was a cup of water.

The medicine doesn't go well with anything else and causes extremely upset stomachs/etc.

I got my cup, put the pills in my mouth and took a drink. It was sprite. About 5 minutes later, I ended up having to get out of my car to puke and ended up 'ruining' a pair of pants due to the intense stomach pains caused by mixing these two things. (It was in a small cup, the cups given when you order a free cup of water).

Do I have a case? I saved the cup in a ziplock bag (I knew the bottom would fall through if I left soda in it for an extended period of time, so I bagged it).

Some sort of vicarious liability? Negligence?

I don't know, just kind of upset at the situation.

Thanks!

When the "offending liquid" became apparent, you had two choices: swallow or spit. It's clear by your response that your decision to swallow was what caused your discomfort and damage to your pants.

You could have spit out the pills, gone back to McDonalds (or somewhere else) and asked again for the water, but you didn't. You chose to swallow the offending liquid, and because you did, you accepted the consequences of doing so.

Sorry, no lawsuit lottery today.

Geez... some people just need to learn that their choices have consequences, and stop trying to make it someone else's fault for making the wrong one.

 

[davidmcbeth3]

Good idea saving the cup. You should keep this in the event the supreme court rules on a similar case. I would check their website hourly. Good luck.

 

[DaytonMomof2]

Quick question: If the OP had opted for the 'spit it out' approach, would they have been able to get the cost of the ruined pills back from Mcdonald's for their error? I mean, if the pills were subjected to both saliva and a carbonated beverage, would the OP have been able to salvage them and take them with water later? I personally doubt it. And depending, of course, on the type of pill, they could be quite expensive.

And I am curious as to how many replys would have said it would have been better to choose 'swallow' and risk the upset tummy.

I realize I have been put down before for not having quality input, but I'm really interested in this answer.

As for advice: I totally agree with those who said you should have a bottle of water in your car.

 

[Zigner]

Ben was sick. Vomiting is often part of being sick. He won't be able to prove any sort of causal relationship.

In simple terms, he won't be able to prove he threw up because he drank the sprite.

 

[Gail in Georgia]

The medication itself was (as the poster described) the type that had the risk of causing an "extemely upset stomachs/etc".

Didn't really matter whether it was downed with water or Sprite; it was the medication that triggered the vomiting, not the liquid it was washed down with.

Gail

 

[Benwise]

If taken with water, my stomach was not upset. The carbonation and caffeine and **** mixed and hurt it.

It was in a WATER CUP. If it was in a normal cup I'd understand. And I didn't know it was sprite until it was physically down my throat and I could feel the carbonation. I thought it was club soda at first or some ****.

 

[Proserpina]

If taken with water, my stomach was not upset. The carbonation and caffeine and **** mixed and hurt it.

It was in a WATER CUP. If it was in a normal cup I'd understand. And I didn't know it was sprite until it was physically down my throat and I could feel the carbonation. I thought it was club soda at first or some ****.

Carry your own water.

You have absolutely no case whatsoever here.

And really - try to type as an adult who doesn't need to use curse words to express themselves.

 

[Proserpina]

Quick question: If the OP had opted for the 'spit it out' approach, would they have been able to get the cost of the ruined pills back from Mcdonald's for their error?

Nope.

Not a chance.

I mean, if the pills were subjected to both saliva and a carbonated beverage, would the OP have been able to salvage them and take them with water later? I personally doubt it. And depending, of course, on the type of pill, they could be quite expensive.

And I am curious as to how many replys would have said it would have been better to choose 'swallow' and risk the upset tummy.

I realize I have been put down before for not having quality input, but I'm really interested in this answer.

As for advice: I totally agree with those who said you should have a bottle of water in your car.

Okey dokey.

 

[asiny]

It was in a WATER CUP. If it was in a normal cup I'd understand. And I didn't know it was sprite until it was physically down my throat and I could feel the carbonation. I thought it was club soda at first or some ****.

Did you pay for this cup of water? Last time I checked, McDonald's don't sell 'cups' of water, but bottles... and they remain sealed too until the customer opens them.

And I didn't know it was sprite until it was physically down my throat and I could feel the carbonation. I thought it was club soda at first or some ****.

What?? Your taste buds don't work?

I thought it was club soda at first or some ****.

So club soda would have been fine to drink with the medicine?

If taken with water, my stomach was not upset. The carbonation and caffeine and **** mixed and hurt it.

Just as a point of reference, from someone who is allergic to caffeine... Sprite contains none.

 

[Gail in Georgia]

"Originally Posted by Benwise
If taken with water, my stomach was not upset. The carbonation and caffeine and **** mixed and hurt it."

Sprite does not contain caffeine.

Gail

 

[justalayman]

If taken with water, my stomach was not upset. The carbonation and caffeine and **** mixed and hurt it.

well, since Sprite doesn't have caffeine in it, I guess it was just the carbonation, right?

I guess it was the ****. If you ingest ****, I would think you would want to vomit.