I want to sue this coffee company?

by ji » Fri Jul 20, 2012 8:03 am

So I asked this coffee place to make me a SKIM milk mocha and they messed something up and put whole milk in it. I'm lactose intolerant and as a result of their mistake I got really sick. I'm thinking os suing the place for personal injury. Do you think I'm doing the right place. FYI: the coffee place is a big chain.

by **naseem** » Fri Jul 20, 2012 8:03 am

First, you have to show that the drink made you ill. Second, you would have to show a financial loss, like medical bills and lost wages. Then you have a case.

by **maddox** » Fri Jul 20, 2012 8:09 am

You really shouldn't be trusting anyone with something that can make you that sick. You should be asking for soy milk or something that has NO chance of making you sick. Especially in a coffee shop where the staff is underpaid, underappreciated and really could care less about anything other than getting you out the door.

You can sue, but you have a large burden of proof ahead of you. YOU have to prove that it was their mistake that made you sick. There was nothing else that contributed to it and that they actually gave you whole milk. That's not going to be easy.

by **fyfe** » Fri Jul 20, 2012 8:23 am

Like @Reggerrugged says, your lawyer will evaluate your case and your damages, giving you the various options. Also, you can simply tell them what happened and ask for an apology and store credit, if not actually firing the person who could have killed you.

Regarding the crack about "the woman who sued because the coffee was hot and the cup was not labeled", the cup actually WAS labeled, but the jury held that the product inside the cup was far too hot to be served to a customer in a motor vehicle, making it a "defective product" that caused her to need $160,000 worth of medical treatment. Liebeck v. McDonald's Restaurants. She eventually settled for something like triple her actual bills. That was CERTAINLY not a "frivolous lawsuit".

by **gillian59** » Fri Jul 20, 2012 8:27 am

Skim milk actually contains slightly more lactose than whole milk. Perhaps you are allergic to milk fat, some people are. And some people (apparently not you) are allergic to milk protein. Those are separate things from lactose.

So why didn't you stop drinking when you realized they had given you the wrong thing? I would know the difference in the first sip. If you say you can't tell the difference, then how do you know it happened?

by **akule76** » Fri Jul 20, 2012 8:31 am

Skim milk still contains lactose. You should be getting something that doesn't have any milk in it at all, unless it has a soy milk or has a lactose free alternative.

You have no case, and you have no damage worth fighting over. Did you end up in the hospital? I doubt it. I am sure you just got gassy and had diarrhea at worst.

by **marmion** » Fri Jul 20, 2012 8:35 am

You can sue. Remember the woman who sued because her coffee was hot and the cup was not labled?
im sure you can sue, but will you win? maybe contact a lawyer and see what they think.

by **bearchan** » Fri Jul 20, 2012 8:38 am

to sue them you would have to have a witness that you asked for skimmed milk

If you have a witness then you will win

If you dont then there is no point suing

by **bing49** » Fri Jul 20, 2012 8:44 am

Got a good lawyer,. money to burn and a ton of time to kill to recover ???what?? damages?

It's a mistake, A human error.

Move on with your life.

by **talbot** » Fri Jul 20, 2012 8:49 am

Skim milk contains lactose... your just a retard.

please sue them, you will lose and have to pay the court fees

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