[quote author=dsauce post=31618904][/quote]First of all,you said you're educated,I don't doubt you,but you think that just bringing up a lawyer and going to court means you win.do you know pepsi is a popular company..you think they don't have a lawyer
..do you know how much you pay to get a good lawyer to win the case,do you think you are richer than the company.you can never ever ever ever ever ever ever ever win them even in this world,next world and the world after..you think that it a must that if I kill someone that I can be sentenced to death..do you know with a good lawyer I can even get only 5 years in the prison..and still come out.??

obumsky059:
can i purchase dat 7up drink from u? if interest, pm me asap

Sure if only u can pay #10million non negotiable.. Lol

GboyegaD:
You could involve some lawyer friends but hope yiu recorded your conversation with the distributors as evidence otherwise, don't be surprised when judgment is granted in their favor.

In law u can't win because:
1 it may be argued that u put the insect and re seal it

2 you are only entitled to claim damages if the content hv harmed u, as we can see u have not opened it, no to talk of drinking and causing u harm

My advice :
Go to the company they may sort it out with u, the problem now is that u have blackmail the company already

The bottle in the OP picture is empty and hence the Roach is alive. My friend you cant win nothing!!
7UP dont sell empty bottle.
Since it is empty, it can not be a danger to anyones health hence no compensation!

And if it is not empty, the roach would have died due to the CO2 and the roach in the pictures is Alive.

The Ops post is most likely a scam!!!!!!!
and 7UP will surely sue you if they can get you!

If you get a sound lawyer and you are lucky, you can win. I was with a friend barrister about 2 years ago, a man approach him with similar case but it's flies inside beer but he has open it before he see it. The barrister just told him that is chance of winning is very slim since he has opened it. He said that there is possibility of him putting flies in the drink or there might be flies inside the cup. Try your luck or if they want to settle out of court

You cannot claim any form of damage because you have not drank the content. You can only make SON and NAFDAC sanction them. If you doubt me, tell your lawyer that he will get 50% of whatever the company pays you but only after the case is won.

bro that's big jackpot try sending signal to. the company by send a pics to thhe 7up company. send it through the distributors and hear there respond.the fact remains thhat I don't knoww mmuch about 7up but if it was nigeria. breweries juust hearing this they will find out when that drink was produced and willl sack does on duties and also pay uu huge amount of money just to save there reputation.

Laid2001:
The bottle in the OP picture is empty and hence the Roach is alive. My friend you cant win nothing!!
7UP dont sell empty bottle.
Since it is empty, it can not be a danger to anyones health hence no compensation!

And if it is not empty, the roach would have died due to the CO2 and the roach in the pictures is Alive.

The Ops post is most likely a scam!!!!!!!
and 7UP will surely sue you if they can get you!

How did you determine the bottle was empty? Can't you see the roach floating inside the liquid, pls look again.

My brother check ur self well ur village pple hv sent u a juju to kill u not 7up rush down to prayer house now oooo

How do you want to prove in the court of law that you were not the one who planted the roach in the bottle?Find a real hustle bro, you ain't going to be rich taking any legal action.

hmmmnn did u drink it NO, Do u suffer any damages NO..... Google up dz case and read donogue v Stevenson... u will understand better

dats y we are calling for advices o, if dey can pay a good amount of money to be demanded by us den we will not petition NAFDAC ,nor go to court,wch am sure dey wouldn't want cos it may completely ruin dem

There's a dept in 7up bottle company that handles such matter...it will be wise u don't push Ur luck on expensive litigation dat will lead no where.
D usual case is #no harm was caused# because d product hav not been consumed also don't be surprised to meet other people with similar cases.
Just go there get your compensation n wait for another.
Speaking from experience.

frisky2good:
You cannot claim any form of damage because you have not drank the content. You can only make SON and NAFDAC sanction them. If you doubt me, tell your lawyer that he will get 50% of whatever the company pays you but only after the case is won.

Exactly!. On what basis is he approaching the court? To recover damages for injuries not suffered?.

Lol. This is blackmail. You are threatening the company for money. Bro it never ends well if you get greedy.

AndreRose:
From the judicial side, your only going to be awarded damages where you drank it and it caused you injury. Mere seeing it and avoiding it won't give you that money you crave to get from the company. Donogbue V stevenson.

I think there is a way around that.......assuming he is a regular consumer of 7up......imagine what he might have consumed.....the fact that he has been consuming 7ups previously gives him a right to compensation

My elder sister too saw cockroach in her coke bottLe many years back (more Dan 10yrs ago) and she kept it till the supplier came arund and they told her they were sorry and gave her 3 bottles of coke. She happily collected them oh. Sue who? With which person money u wan use hire lawyer?

Its not everybodi that can sue all dis big coy na big people like dem they sue dem (am just saying).

I once read in a newspaper that a very big man sued mtn for breach of network for just one day and mtn paid cos he said he lost business and money but me and som of my type here can stay for 1 week with network problem and we go just dey vex for ourselves for using the network.

But if u wan sue them I will support u sha.

It reminds me of Tort law Donoghue v Stevenson, I think you may be able to sue, but you didn't consume it.

nwadiuko1:
I think there is a way around that.......assuming he is a regular consumer of 7up......imagine what he might have consumed.....the fact that he has been consuming 7ups previously gives him a right to compensation

And since you were consuming it did you fall ill? The answer is in the negative. It doesn't matter how many times you consumed the company's product; the principle in donogbue V stevenson only applies where the party was affected. If not there is no award of damages.

Akkord4gov:
When u are planning any legal action,plan d way ur life will be safe too.I fear Nigerians

It is our own negligence or ignorance that often lead to d death of other pple. When something happens we always say forgive or leave it to God. Nxt thing u knw another life is gone tru same means. Our worst in dis country is dat of medical negligence. A couple jst lost their son last week for something treatable bt d doc was negligent d child got infected and died and dey said "God giveth God taketh." Same Doc gonna treat anoda persn same way moro. Guy, if yu don't have a lawyer contact me to get yu sound ones depending on ur location. Do it for d greater good and protection of d society

rufaiabiodun:
You would have been able to sue under contract but the rule of privity of contract would bar u. Also in law of tort, u wouldn't be able to sue for negligence on the company's part since a vital ingredient is missing, which is damage. You must show dat the consumption of the drink caused u damage. My advice is see a lawyer and u can check google on the case Donogue v Stevenson

buying of the stuff caused him loss of customers who saw it too.....aint that damage too?

osifred:
You said you are educated. Therefore you should know that you can't get anything from 7up because you haven't suffered any damage from it. What the can guy did by giving you some crate is a PR stunt and that is likely you best offer.

talking about damage.....do u knw that loss of customers can stand as damage?.........he lost customers when they saw the cockroach in d 7up

mickey05:
Hi,

Legally speaking, the elements you will require to prove a case of Negligence against them are lacking in this case. For a successful proof of Negligence, you must establish the following:
1. Duty of Care
2. Breach of the duty of care
3. Damage incurred or suffered as a result of such breach.

From the above, you might find it hard proving the 3rd leg of the elements.

Moreover, to establish the case of Negligence in Nigerian Courts is a tall order.

However, you are not totally without a remedy as there are smarter ways to handle this with better results.

You can reach me on 08123585412 for more advise so we can talk better.

Cheers.

he lost goodwill from customers who saw the bottle........doesn't that stand as damage?

AndreRose:
From the judicial side, your only going to be awarded damages where you drank it and it caused you injury. Mere seeing it and avoiding it won't give you that money you crave to get from the company. Donogbue V stevenson.

lol op u don hear oya open am drink am sue for damages .lol and tell us how coackroache 7up tastes like

dsauce:
hmmmm,well thanks pals for ur advices. One thing i know certainly is dat dis company wouldn't want NAFDAC to get hold of d bottle cos it means heavy fine n maybe even suspension for them. Note that d batch code is still written bodly on d bottle, Please u guys saying we will just waste money on this case are wrong cos we plan taking up d services of a human rights activist lawyer who is ready to protect individuals without paying a dine. I don't av to take d drink den cause am to me bfre suing dem, or can a dead man sue?

As a trained microbiologist,and having worked at a similar drink producing firm bfre (Nigerian Brewery), for industrial attachment, i can assure that all d products produced in dat batch is highly contaminated with various pathogenic bacteria cos of d poor quality control measures during production..

sure.......people saying that you need to have suffered "damage" before. U can sue forgot one thing...........which is that you must have lost the goodwill of customers who saw the bottle in your shop......( Assuming you are selling).....and if that doesn't pass as damage, nothing else does

CHESTER48:
First of all,you said you're educated,I don't doubt you,but you think that just bringing up a lawyer and going to court means you win.do you know pepsi is a popular company..you think they don't have a lawyer
..do you know how much you pay to get a good lawyer to win the case,do you think you are richer than the company.you can never ever ever ever ever ever ever ever win them even in this world,next world and the world after..you think that it a must that if I kill someone that I can be sentenced to death..do you know with a good lawyer I can even get only 5 years in the prison..and still come out.??

talk with points.......or kill someone first mek we see

All dis ignorant nlanders saying sue. I laff una in german. Bro candid advise collect the four crates they offered u and walk away. E no reach u anywia wit 7up.

sayemma:


In law u can't win because:
1 it may be argued that u put the insect and re seal it

2 you are only entitled to claim damages if the content hv harmed u, as we can see u have not opened it, no to talk of drinking and causing u harm

My advice :
Go to the company they may sort it out with u, the problem now is that u have blackmail the company already

your point number........if they argue that he put d cockroach inside d bottle.....then they l have to prove it...(That l be an uphill task)

Your point number two...........do you think harming him can only come about by drinking the 7up? No brother! If he is a retailer or even a hawker that singular sight alone has caused so much loss in goodwill from his customers (who must have seen the bottle) and I think that qualifies for damage

Op, you might have a point but i advice you to collect the crates than sueing them...

Cos you have only a 2% chance of winning...

sayemma:


In law u can't win because:
1 it may be argued that u put the insect and re seal it

2 you are only entitled to claim damages if the content hv harmed u, as we can see u have not opened it, no to talk of drinking and causing u harm

My advice :
Go to the company they may sort it out with u, the problem now is that u have blackmail the company already

your point number........if they argue that he put d cockroach inside d bottle.....then they l have to prove it...(That l be an uphill task)

Your point number two...........do you think harming him can only come about by drinking the 7up? No brother! If he is a retailer or even a hawker that singular sight alone has caused so much loss in goodwill from his customers (who must have seen the bottle) and I think that qualifies for damage


My advice: get a good lawyer......get a good media back up....make the bottle safe and un tampered with.....meet the company, outcome of the meeting with the company will determine if u l go to court

AndreRose:

And since you were consuming it did you fall ill? The answer is in the negative. It doesn't matter how many times you consumed the company's product; the principle in donogbue V stevenson only applies where the party was affected. If not there is no award of damages.

in this context the guy being a trader must have lost the goodwill of his customers who saw the bottle......I think that should pass as damage

Doortun:
How do you want to prove in the court of law that you were not the one who planted the roach in the bottle?Find a real hustle bro, you ain't going to be rich taking any legal action.

he doesn't nid to prove that he didn't put d cockroach in the bottle........its really on whoever is the defendant to prove he actually did