Justfollowit:


Maybe in America. In other western stresses especially in UK, you have no case.

You actually do ya know. I once received compensation from Asda for something similar

Write to their corporate headquarters... use mail... or contact me... I could help u... it's called a "shakedown".

jaybee3:

You actually do ya know. I once received compensation from Asda for something similar

What happened? And what did you receive?

Op, you have no case, You should have accepted the extra crates. Could have even sold them and made money. You can report it to the health and safety people for your area wey dey oversee such companies.

mya1:


Your're smart especially regarding the emboldened.

I guess they would try to negotiate with you to settle out of court but most importantly not have this publicised or reported to the high power(NAFDAC).
Therefore, I wouldn't advice that this be swept under the rug.The company has a duty of ensuring consumer safety and have failed in this regard!I know you're doing it for the money but it would be worth encouraging quality assurance so you should follow up the case.


I'm tired of Nigerians not living up to their rights!Keeping mum about every wrong under the guise of the phrase "This is Nigeria".
You have to earn a better country if you want it and that begins with an action!

Thanks bro. Well said

All these funny comments about suing for big money. The law may be an Ass but bound in principles. Op, your cause of action can only be situate in the Tort of Negligence and the basic principles of negligence is D+ B = I. i.e a duty of care must be breached and occasion an injury to ground negligence in Tort (300L course work). Unless you resort to blackmail or threat of bad publicity. This has its own implications.

You can read up John Grisham' s book The Appeal. Although not an authority on torts, but gives you an idea of how Tort cases are structured if you desire to win.

Cheers.

Justfollowit:


What happened? And what did you receive?

Strange substance inside Apple juice container. Probably due to packaging since the whole process is mechanised

I received vouchers

jaybee3:

You actually do ya know. I once received compensation from Asda for something similar

What do exactly happened? Did you go through court? I do know most companies offer customers something when such situation arises. Did you suffer some form of damages either physically or emotionally?

kandiikane:

What do exactly happened? Did you go through court? I do know most companies offer customers something when such situation arises. Did you suffer some form of damages either physically or emotionally?

I stopped at the first stage of the complaints process.

adorablepepple:
to start with you have a good case, but I will advise you to get a good lawyer, when I mean good lawyer I mean a very good lawyer who will negotiate well on your behalf, if he sends 7up company a letter with pictures of the evidence, am sure the would want a meeting with you n your lawyer and will want to settle out of court, settling out of court will be the best because you can name your price and you won't need to parade the court as our judicial process takes lot of time n energy!! don't be greedy if they want u to settle out of Court grab that opportunity n negotiate with them.......

A good advice....thanks

Guy,

Take this advise-Go to their office and complain to the manager of the branch and have an understanding with him on how you will be settled. Most probably you will be give some crate of drinks.

Now let me give you some reasons why you should handle it this way.

1. I bet you don't have that time to follow up the case if you have a job.

2.You are in Nigeria and not in America where issues like this are taking seriously

3.You are not richer that 7up-as 7up will do anything possible to keep the brand and business. They can go as far as killing you even with the help of you own lawyer because by the time your own lawyer bribed you will be confused. You think if they give you lawyer 2 million em go support you again and again if you are so rich to pay a lawyer as much as that then you will be busy follow up with ur job/business that gives you money rather chasing what can kill you.

4.Note that it took 7up years to bring up that brand and yet they have not even gotten to the level they want-they wont allow you waist the effort with just a cockroach in a bottle.

Goodluck

jaybee3:

Strange substance inside Apple juice container. Probably due to packaging since the whole process is mechanised

I received vouchers

That was a good customer service. However they would have been liable if

-it was not transparent
-you took it unknowingly
-and when you saw the strange substance, you suffered some form of damage (if, psychological-it must be the one of the effects recognized by the court)

No. Not at all. He won't get a dime if he decides to sue the company that produced the drink. This is a simple case of breach of contract. The seller is entitled to have the bottle replaced. And that is all. This is because he didn't open the bottle of the mineral water. This reasoning follows what happens when you go to an electronic store and buy a pressing iron. You are not entitle to sue the seller if on getting to your house you find out the iron is not working properly. You simple take it back to the company for another iron. You can only sue for a breach of contract when they store had refused to change the iron. Your prayers before the court will be to have the iron replaced. And this toes the line of what happened in this case.
But if the customer had already opened the bottle and taken in some of the contents of the mineral, he has a standing to sue the company for the tort of negligence as the company owe its customers a duty of care to make sure that its products follows the best available standards. He will be successful if he can prove that the company owe him a duty of care, that the company breached that duty of care by producing a drink contaminated by a dead cockroach, and ultimately, that the said breach cause him either physical or mental discomfort. The third element is lacking in this case of hand. There was no physical or mental discomfort because he didn't open the bottle and took some of the content in. He simply lost the money he used to purchase the drink. A wise company will always rush and kill the case by telling the affected customer that they will compensate him or her. It will be wise for the customer to agree to such compensation because the company is not doing it because they won't win the court case, they are only doing for the need to protect its image in the eyes of the public. This is because no sane company can accept to have its reputation tarnished. The economic consideration out passes that of legal victory in the court room. But you know the case of Nigerian lawyers. They will encourage you to sue the company because they need some court appearance fees. A good lawyer will get a better deal from the company by telling them that, though his client may not be assured of victory in the company, the company will lose most of its customers if words get out that its products don't follow the best available standards.

docayo:
It may not be very easy to get money out of them. I've been in that position before and contacted about three lawyer friends. They were unanimous with their advice that I may not get anything at the end of the day as I've the burden to prove how the drink affected my health negatively since I had not opened it. And if I open it, I had to prove I didn't drop it in there. The only thing I can try to prove is that the sight of it affected me psychologically which is easier done in Western countries. But they advised I negotiate with them rather than sue.

Good. Av bin waiting to see a similar case.. Did u get payed or u just forgot about it

Blackbeauty:
I swear,the comment above are really enlightening!I never knew i had so many learned colleagues on nairaland..To the issue at hand and speaking as a legal practitioner,I must say that the op's case is a good and bad one!/ood in the sense that u wud av stood a better chance maybe in U.S or U.K.In this Nigeria?bros pls go and collect the four crates sharp sharp..am supposed to say "let's sue them,this is negligence,breach of duty of care..bla bla bla!well, am being a good Nigerian by asking u to mind your life!litigation in ,Nigeria is for the rich!You even said u were adviced to threathen them with the fact that the pic wud go viral on social networks!I pity u big time!just face ur life eh!cos u don't have a good case.a lawyer taking this case up just wants to suck u dry or get cheap publicity

!Be adviced!

Damage MUST be established. Clearly there wasn't any AT ALL.

cc Cocolav

jaybee3:

I stopped at the first stage of the complaints process.

Right kk.. What you got is quite different to what the op is asking for.

IGBO KWENU!

dsauce:
Hi pals, I purposely opened a new acct for this cos of d sensitivity. Please i need ur candid advice on this issue.

A cousin of mine got a crate of soft drinks and found out dat one of d 7up has a very big COCKROACH corked inside.

He showed it to a Pepsi distributing van, he was begged to give dem the bottle and give him about four crates in return.

A thought came to my mind and i told him "Man we are educated individuals, we can get a substantial amount of money from dis company if we follow d right procedure.

Maybe by threatening to sue them to court for improper Good house keeping (GHK) during production and total disregard for consumer health safety by getting d services of a lawyer who will first write them of d situation or report to NAFDAC (last option though cos dis means making money for corrupt politicians to steal ,cos we know NAFDAC can't fine them for nothing less than several millions of naira).

As anyone ever done dis n got good money from this companies or gat advices to give.

NOTE:: pls don't castigate us, since d govt cant help us,we av to utilize d slightest opportunity to hit big time.

if u wanna get a lawyer u must get a very big lawyer cos pepsi is a very big company and would have very good legal practitioners at their disposal but if u can't afford a better lawyer to compete with them my dear what I would suggest is you ask Pepsi bottling company to supply you 1 year with Pepsi or 7up drinks 1 full year they would agree sharperly

Did it cos u ny immediate harm,no it didnt.so if u sue dem,dey wil def pay fine 2Nafdac not u cos u were cosd ny harm since u didn't drink it.howeva still tak up d issue.

The fact you posted it on Nairaland is bad publicity for them already,
Nigga the damage is done already.. what other compensation or advice do you want. are you sure this is not one of your childish boredom flukes, if you didn't make this up, why didn't you post with your real identity. how did this make front page? Nairaland is getting outdated.

ofcourse our security alertness is already on active mode reason y i opened a new acct to post dis

We are talking about real life protection you are saying new account on NL.

U sound unprepared for this Italian job you are about to embark on.

First, those delivery guys know ur location & second have you ever heard of consumer right protection council.

Just get a super lawyer & plan well.

GODSPEED BRO!

tanks bro.. but judgement can never be in dre favour wen we av d bottle with us as a clear evidence

Sue but u wont win. Did you drink out of the bottle, no. So you suffered no ill health for which damages are payable. We handle this type of matter everyday for 7up

gbegudujo:
This got me laughing ...if ur motive is to get money and ur thought is that it's easy to fleece this companies then by tomorrow almost all nigerians can go and put housefly in all beverage bottles and be collecting money from their producers...this can be done intentionally..by even u. find other means to make money

I'm telling you, This thread alone has implicated him.. His motive is to make money from 7up and not even because of the threat the consumption of the said drink would have caused him...

dsauce, this thread has implicated you, they would hold it against you. . You're just out to make money.. Imagine saying you want to hit hard, this statement alone will tell the judge you planned the whole stuff....
Go and hustle and make your own money bro, don't capitalise on another man's sweat...

lolz nairalanders and their naiveness always makes me fear 4 Nigeria's future... look closely @ d bottle, if u are like blind bathemus zoom it.. ull c it's an empty bottle,no bubbles or water line nd d bottle is v.transparent due to no content in it,he finished drinking 7up and put cockroach inside

SPLiTZ1:
lolz nairalanders and their naiveness always makes me fear 4 Nigeria's future... look closely @ d bottle, if u are like blind bathemus zoom it.. ull c it's an empty bottle,no bubbles or water line nd d bottle is v.transparent due to no content in it,he finished drinking 7up and put cockroach inside

He guy do u think am so stupid to put an empty bottle here n source for cheap popularity? Can't u see d roach is floating.. I purposely turned it downwards for doubting thomases like u to see d sealed cork.. Thanks for ur contributions anyway.. Cheers

Please stop this, if you are sure there is a cockroach inside the drink you bought, contact me now on 07064855603, you have to know there are a lot unscrupulous delinquent involved in production of fake foods and drugs, there is a way you follow this and not get appreciation.

u can only get verdict for d money spent in buying d drink,since u. haven't suffered any damage in consuming it.d company can however b fined by d court n dat money goes to even a more careless government coffers.
what a pity

Thanks u all. After proper evaluations for advices from u guys,we have decided to Change our motive n protect d general right of consumers. We ain't suing no more,but we will write 7UP PLC informing dem of d situation and d case will be reported to NAFDAC,SON,Consumer ptotecion council (CPC) and also some media houses(incase NAFDAC n co compromises) etc for proper steps against dis company ,dis will serve as a deterrent to others cos such an occurrence like dis has bin happening for a long time. D show of shame must stop

I am surprised at how Nigerians are discouraging d guy abt suing 7up. Should d weak nd poor continue to suffer in silence?
7up made a mistake and dey av to come out clean and apologize. we are all consumer of dia products.

I believed dat with our support, d case can be won in court.
Let us stop suffering in silence.






If dem like, dey can blame it on GMB or GEJ.

you can sue nd ur case linger in court for years. Had a similar xperience wit a bottle of coke, took it 2 their office dy apologisd and gave me 10carton of can drinks, and 4 carton of plastic drinks with free ride 2 my haus. Xo jas save d money u wil use in court nd jas take d drink 2 dm, they wil settle u.

tanks bro.. but judgement can never be in dre favour wen we av d bottle with us as a clear evidence

Bt dnt yu tink court cn tink yu open up de bottle and put in de cocroach?

Yeah it happens

Omor drop de issue as yu no go wan go jail for dis

Snap the bottle and drop the series of pix in envelop with your fone no n message that you would have drop the bottle with NAFDAC but you know what will cause the company that is the reason you are contacting the company first n tell them to do the needful.Address it to the sales manager n drop it with their security @ their ikeja or ijora plant.wish you the best.Good day