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A Legal’s Perspective On The Issue Of A Cockroach Found In A 7up Bottle - Nairaland / General - Nairaland

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A Legal’s Perspective On The Issue Of A Cockroach Found In A 7up Bottle by irepmyuniben: 4:46pm On Mar 15, 2015
The Dream of an average Nigerian while growing up is to be catapulted to the ‘League of Millionaires’. One of the numerous ways then was to discover a dead cockroach or a worm in your beverage. The misconception of most of the ‘Prospective Millionaires’ is that this rich multinational companies would enrich you either for the fear of litigation (which most of us are unwilling to go through) or because we may hurt their goodwill (that is if they don’t sign a multi-million naira confidentiality deal with you, you will expose them) but this may not be as easy as it sounds.

Reasons Why this companies may not readily make you a millionaire

(1) The law bothering on consumer protection
It is not a wrong principle of law to believe that every multinational company that produces consumable goods owe you a duty of care. That is a Zobo company should produce only zobo and not zobo and cockroach or Zobo and worm delicacy. This rule is not absolute. The Law expects you to prove negligence on the part of the company and they are as follows:
a. The Company owes a duty of care to the plaintiff (easy to prove)

b. The defendant has acted or spoken in such a way as to break that duty of care (not too easy to prove)

c. The conduct of the defendant was careless (investigations may be required at the location of the company premises to show if the process of production of the beverage can accommodate cockroaches or worm)

2) You must have consumed the content of the drink and have been hospitalised/fell ill.
One of the major requirements of the law is to show damages. Reliance of psychological damage alone is not enough to scream tort except we are talking about actions of fiduciary relationship (Doctor and his Patient, Lawyer and his Client, Pastor and his congregation.
Copy of medical bills, loss of revenue as a result of that illness, medical report to show that the consumption of that particular drink led to the illness is important to show a good cause of action.

3) The Conflict between standard of care and duty of care

Duty of care is what the company owes you. It is expected that every product advertised must meet the minimum standard and must be merchantable/fit for its purpose. The Standard of care on the other hand is what the law has set for any company who embarks on production of food and beverages. A neat company premises, good disposable system, an automated washing and resealing system etc.
Remember rival companies may be desperate and be responsible for that cockroach. So, if your company is neat and impossible to breed cockroaches, then the law may deem them not liable.


4) [b]Someone has succeeded in suing the Nigerian Bottling Company(producers of Fanta) and the distributor of that product in 2008 but got a compensatory damage of about 950,000naira
[/b]Edward Okwejiminor started his suit in 1991 but got judgement at the supreme
court in 2008. 17years litigation(Edwars Okwejiminor v .G.Gbakeji&Nigerian Bottling Company Plc)
The facts of the case are as follows:
‘13th day of February, 1991 he returned from his place of work feeling very hungry and thirsty and as there was no food, he reached out for a bottle of Fanta orange drink from a crate of mineral he purchased from the 1st defendant earlier that day.
While drinking the Fanta orange he allegedly felt some sediments and rubbish down his throat and stopped half way to take a closer look at the contents of the bottle only to discover that the bottle contained a dead cockroach. as a result of his investigations or diagnosis that the appellant was suffering from food poisoning’


5) Hurting their goodwill
The reason why companies may be willing to settle out of court on consumer protection issue is their goodwill. The reaction of the general populace of a 0.9% chance that their product may be harmful is catastrophic. Most people can still recall the setbacks experienced by De-United foods, the makers of Indomie on the purported rumour that people died from the consumption of their product.
Companies are very careful not to overstretch this because the more you pay compensation out of court, the more the cases against them on the same subject matter increases. They do this before you make any revelation in the newspaper. The revelation is what they are preventing.

The information presented is not legal advice, is not to be acted on as such. Every litigant has a particular fact peculiar to him/her that may not have been covered by this article

Ojo Edomwonyi Charles
Partner at mackstokespartners
www.mackstokespartners.com
Re: A Legal’s Perspective On The Issue Of A Cockroach Found In A 7up Bottle by izuch(m): 4:53pm On Mar 15, 2015
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Re: A Legal’s Perspective On The Issue Of A Cockroach Found In A 7up Bottle by Wuuworld(m): 5:09pm On Mar 15, 2015
I found stock fish inside my mummy's pot of soup today....am going to sue her for Woman inhumanity to fish.....according to section 6,subsection 21 of soup codes and laws...pls advice me on how to go with dt....I believe she can pay much.
Re: A Legal’s Perspective On The Issue Of A Cockroach Found In A 7up Bottle by adanduka: 5:12pm On Mar 15, 2015
OP, either you are working for 7up or selling your market in the hopes they notice you.
Re: A Legal’s Perspective On The Issue Of A Cockroach Found In A 7up Bottle by Wuuworld(m): 5:16pm On Mar 15, 2015
Op,I dey suspect ur link with Nigeria Breweries and bottling companies.. I will advice the guy with the issue of a cockroach in his drink to sue u too for brain washing and conspiracy.

1 Like

Re: A Legal’s Perspective On The Issue Of A Cockroach Found In A 7up Bottle by Teespice(f): 8:12am On Mar 16, 2015
adanduka:
OP, either you are working for 7up or selling your market in the hopes they notice you.

you might be right.

but OP, you realise that article is really not necessary and you know why.

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