Lawsuit guidlines

[americanjebus]

Ok so everytime i go to work to do an early shift i have myself a starbucks mocha frapacino, ya know the ones that come in small glass bottles you buy at the gas station. Well i bought one from the cafeteria i work at and i always shake it first to get it mixed up and upon shaking the bottle i hear something, allmost like a bead inside. I immediatly show it to a coworker and let them have a listen. Yea there is deffinatly something inside of this bottle. So i think, well, do i open it or not? Everyone says open it how else will you know what is inside. so with my coworkers we open the bottle and pour it out into a strainer, and otu comes a 1''x1'' peice of glass....

so story short, i found glass shards in a starbucks frappaccino. I have plenty of witnesses and still have the bottle with the glass shards in it. The glass isnt from the bottle itself, the whole bottle is intact. I am going to call starbucks via the number printed on the back. But then what. What should i tell them or expect from them, i will tell them exactly what happened, but wut if they are just like "so what" then what coarse of action should i take.

i know nothing about this sort of thing nor the process of filing for lawsuit nor the type of lawyer to get should they say go fist yourself. Everyone there immediatly told me to sue and not work for the rest of my life but i think thats unrealistic.

ideas??
im just gonna call and say, what are you guys going to do about these glass shards in your drinks?

 

[Superjustin13]

i woulda drank it

and when you shit when it cut your colen or pissed it out

i would of sue'd. your dick would be in half. but

you'd have plenty of money?

 

[GotBoost?]

Give them a call, and tell them what happened. If possible, record the conversation. It's possible they would want some indentifying information, to know who they are dealing with. They would probably ask you to send in the bottle. Don't do it. On the other hand, since you have suffered no loss or damages (other than the price of the bottle), there is no legal basis to sue, imo. Still, make the call and see if they're willing to do something for ya. I was having dinner at a Panda Express, when I found a large metal clipping in my food. I politely showed it to the manager. He apologized profusely, gave me new food, refunded my money, and gave me $40 for future meals. I still go there once in a while.

 

[MDCmotorsports]

Is the product still in the glass container?

Hire a lawyer. Quick. You could be rich over night.

 

[starscream5000]

I foresee a fully built supra in your future with your laysuit money

 

[americanjebus]

I foresee a fully built supra in your future with your laysuit money

yea ok but how the hell do i get that money??? do i just start calling personal injury lawyers and ask them if thay want a peice of pie too or what?? where the hell do i start.

5% of what i make to whoever gives me some constructive advice here.

 

[MDCmotorsports]

Find a local laywer, and ask for advice. They will either forward you to one that will help or take the case upon them selves.

 

[koulee]

I foresee a fully built 700 hp 7M in your future, or a MkIV, which ever you prefer.

 

[Brewster]

Call them, tell them what happened, then ask for your $1.75 back.

Sueing for something so trivial is one thing that's wrong with this country. Now if you had swallowed the glass... then you'd have a strong case.

 

[s383mmber1]

Quick swallow the glass now! DO IT!

Itll only hurt for a few minutes.

 

[TONY!]

Give them a call, and tell them what happened. If possible, record the conversation...

I think it is inadmissible to bring in recorded phone conversations into court unless you get the other party's consent before recording.

...when I found a large metal clipping in my food. I politely showed it to the manager. He apologized profusely, gave me new food, refunded my money, and gave me $40 for future meals...

And without you even knowing it, you waived the right to sue (if you had a case at all). Once you accept compensation, it is over (IF the court will regard the $40 as compensation--not all courts do the same thing...)


Americanjebus,
The money that you could be rewarded--IF you have a case at all--will come out of investors who buy stock, invest in mutual funds, invest in a pension for their retirement, etc...
Behind that corporation are real people who have--what I would like to think--hard earned honest money invested.
Should they really be held responsible for the incompetence of one worker? Was it the companys fault, or the fault of one employee?
(A fault that resulted in no damage.) People usually go after who has the deepest pockets, not who was at fault, since it is really all about the money.
If true justice was served, then an investigation would be done at that store and the person responsible would get fired/written up/put on probation/lose an upcoming raise/etc.

You would need to explain to the court how you were affected by this piece of glass--I am sure the defense attorney would ask you that question.
What do you have to say to that?
"How were you affected but this blunder?"
"Are you undergoing therapy of any kind?"
"How has this affected your daily life?"

Even before it could get to the courts, I would think that they would pay you off to just go away and not ruin their image (out of court settlement).
You messing with their reputation of being a safe & reliable place would be their biggest fear.

The American Dream does not exist anymore as it once did.
It was believed that with hard work, you could acquire wealth (this was in comparison to the amount of wealth one could achieve in other countries).
Those that work hard and invest (whether it in stocks, a business, etc), get ripped off by folks that mock society's laws.

Here is one example:
Think of how communities contribute to their libraries for the benefit of society.
Now imagine a person falls down in front of a library because of their own lack of balance on a winter day and then tries to squeeze out as much money as they can from that library.
I want $1,000,000 for my broken arm because I am not able to walk over a small piece of ice and the whole world should be safe for me to walk on or I need to be compensated if I am not able to do so!

 

[Big Wang Bandit]

Youll take money outta my paycheck.

Just call and tell them what happened. that glass diddnt kill anyone, yet.

 

[aye mate]

Call them, tell them what happened, then ask for your $1.75 back.

Sueing for something so trivial is one thing that's wrong with this country.

:word8kn:

 

[91T breezen']

Luis;

I'd have to agree with the 'frivalous lawsuit' post, in that there is alot of people that suffer, when big settlements are awarded because of ambulance chasing lawyers. Lawyers are pricks!:icon_mad: For the most part. If I never had to deal with another one the rest of my life, that'd be just fine with me!
If you enjoy drinking Starbucks coffee, maybe you could get alot of freebies,+ an apology, out of the deal!? That would be as far as I would ever take that situation. Just my $.02

Tom

 

[GotBoost?]

I think it is inadmissible to bring in recorded phone conversations into court unless you get the other party's consent before recording.
And without you even knowing it, you waived the right to sue (if you had a case at all). Once you accept compensation, it is over (IF the court will regard the $40 as compensation--not all courts do the same thing...)
You would need to explain to the court how you were affected by this piece of glass--I am sure the defense attorney would ask you that question.
What do you have to say to that?
"How were you affected but this blunder?"
"Are you undergoing therapy of any kind?"
"How has this affected your daily life?"

It seems to me you have a vague understanding of how the legal system works. Perhaps your understanding comes from watching TV. In my line of work I see and talk to judges, defense attorneys and prosecutors every day, five days a week, 11 months out of the year. Without going into details, I spend more time in court in a week than most people do in their life. I get to hear several types of legal cases, mostly in civil and criminal law. I'm sure you know that cops charge people with prostitution everyday. A great deal of their evidence consists of secretly taped recordings of their conversations. It's admisible in court, and it gets done routinely. Likewise, cops videotape people breaking the law, and the tape is used as evidence. So you see, getting permision to record you is not really necessary. Of course, defense lawyers fight to exclude some video and audio evidence, but most often those motions are denied.
You are right in that accepting any compensation one foregoes any right to sue. I didn't intend to sue the restaurant for their mistake, as I suffered no damages.
The guy here with the glass in the bottle is going to have to demostrate first to a plaintiff attorney (and later to the court) that he suffered a specific loss, or all the defense would have to do is file a motion to dismiss on the basis of no damages. The judge would probably set a motion hearing date and then take the matter under advisement, issuing a written ruling at a later time. I'm willing to bet he'd grant the motion to dismiss on the basis of no loss, no grounds. Any first year law student knows this, and would save him(her)self the trouble and loss of credibility. Some attorneys, of course, stretch the limits of logic and credibility, and some are just trying to see what sticks. I wouldn't count on that built 7M or that JZ80 just yet.

 

[Shytheed Dumas]

IMO you had better be COMMITTED to this. I am just finishing off a battle with my builder (DR Horton, FTL) that has been going on since about 2002! Long story short, I paid a premium of about $4500 for a lot backing up to woods that "could never be touched or developed" for a variety of reasons. Every bit of that was untrue, they are developing the land now, and DR Horton has never owned up to it. The jury awarded us the $4500, but the judge shot down any punitive damages designed to punish them for committing sales fraud, and we will have to see if he shoots down interest on the money even though we've been paying on it since Feb, 2000.

So be ready for several court ordered mediations, and be prepared for lawyer contingency prices of up to 45% of the award assuming it comes. You will also be responsible for paying for things like filing fees, coping fees, depositions, half the mediation costs, etc, even if a lawyer agrees to take your case on a contingency basis. Then there is your day in court. I can say it was the most stressful thing I've been though, and a couple of hours on the stand probably took a few years off of my life. I was as passionately committed to our cause as I could have been, and it was really hard being torn apart by their lawyer. I held strong and came out on top, but if you do not feel 100% passionately wronged and damaged, a good lawyer will eat you for lunch on the stand. Basically, finding that Star Buck's quality control fell short with a one in a billion bottle doesn't mean they are just going to roll over and pay you a large sum, but talking with a personal injury lawyer is your call, and taking the case is his.

Here's a link summarizing the end of our ordeal: http://www.hobb.org/index.php?option=com_content&task=view&id=388&Itemid=141

 

[starscream5000]

Go back to star bucks, buy another whatever-it-was-you-got, eat the glass and drink the shit, then wait for the abdominal pains to come, and go to the hospital... Have fun at court!

Edit: This is a joke BTW, do not take this advise seriously .

 

[TONY!]

Give them a call, and tell them what happened. If possible, record the conversation...

I think it is inadmissible to bring in recorded phone conversations into court unless you get the other party's consent before recording.

It seems to me you have a vague understanding of how the legal system works. Perhaps your understanding comes from watching TV. In my line of work I see and talk to judges, defense attorneys and prosecutors every day, five days a week, 11 months out of the year.

Thank you for wrongly assessing my knowledge & background.
I know of this because I used to have someone tape my phone conversations.
My brother in law used was hoping that he could bring recorded phone conversations that he had with his non paying tenants.

And just because you are around judges and lawyers does not necessarily mean anything.
(That is like saying that people who work at PepBoys, AutoZone, or Advanced Auto Parts are car experts.)

…It's admisible in court, and it gets done routinely. Likewise, cops videotape people breaking the law, and the tape is used as evidence. So you see, getting permision to record you is not really necessary…

There is a big difference between criminal law and civil law, and there are differences on what cops and citizens can do.

As far as Washington State goes (where both the thread starter and the headquarters are located) here is their state's law on that--I'd bet their attorney would use it if he had to:

Wash. Rev. Code § 9.73.030: All parties generally must consent to the interception or recording of any private communication, whether conducted by telephone, telegraph, radio or face-to-face, to comply with state law. The all-party consent requirement can be satisfied if "one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted." In addition, if the conversation is to be recorded, the requisite announcement must be recorded as well....

...Any violation of the statute is a misdemeanor. Wash. Rev. Code § 9.73.080. Civil liability is expressly authorized for actual damages, including mental pain and suffering, or $100 per day of violation — but no more than $1,000 total based on this daily calculation. Attorney fees and litigation costs also can be recovered. Wash. Rev. Code § 9.73.060.

And that is why so often you hear “in order to serve you better, this phone call will be recorded," by service departments, by staying on the line, one gives consent.
Why else would they tell you that the call will be recorded? They do it for legal reason.

 

[OneJArpus]

i highly doubt you will get anything because 1 you opened it with out a lawyer present. Therefore, they can tell you hey stop putting glass in our products & get a life. Would have been good if you got a lawyer and tell him you were seeing him for something else then drink some cut the shit out of ur mouth and get paid sucka!

 

[americanjebus]

im not looking to sue, i just wanted to know wut you guys would do.

im just bringing up the fact that they are distributing bottles of frappucino with glass in it. Wouldnt you like to know that they are doing something to stop it from happening again? All i really want is a "Sorry, were actually going to do something about this to keep it from happening again." I dont want to be that stupid lady that sued McDonalds for not labeling their coffee "HOT" or labeling their french fries "fatty".