Do I have a lawsuit against a (major) coffee company?

[justalayman]

@justalayman, are you really that ignorant? Caffeine high I didn't like? Why don't you get educated about things. (And try saying that to everyone who have food sensitivities and see how you get out of that one ) I don't consider what I went through (or what other people go through when they have severe reactions to something) something anyone else would enjoy either. Unless you personally like feeling so sick that you think your dying or something enough to warrant a hospital visit, if so clearly you have issues. And what's up with there always being one person on forums that have to have a nasty attitude towards people just seeking help? I don't understand the hate. I thought I was on a forum where people with legal knowledge (lawyers, law students) help others. No? I'm not looking for answers from people who have nothing better to do than troll.

ok, be an ass.

You have no lawsuit worth anything. Either pay an attorney a lot of money to file a suit which you will never win enough to pay the attorney's fees or do as I suggest and contact the main office and ask them to compensate you. I suspect it will be the first since you think what happened was so terrible. It wasn't and you will get over it.

btw: you have a great chance of losing simply because you intentionally purchased a drink that you know has caffeine in it. There is no guarantee even the decaffeinated coffee has enough removed to not cause you problems. By purchasing a drink you know is caffeinated, you have undertaken what is called an assumed risk and any problems you experience are of your own fault.

 

[Hebster1]

your damages are minimal and none are long lasting. A lawsuit would cost you much more than any money won, if you did win which is questionable. You will not find a lawyer to take this on contingency since the amount of money is so minimal.


Contact the headquarters of the coffee shop and ask them to reimburse you for the costs. They might do so out of public relations. If they refuse, consider how much you want to spend to win (or attempt to win) a couple thousand dollars.

So you have real legal advice? Is that to save your butt from the other comments? I don't think it's right to say other comments that make you look ignorant just because you want to be funny or something. People have real problems and just want straight advice sometimes. This was obviously something that was serious enough for me to go to the hospital (I didn't even want to because I hate hospitals and can't afford to do that if I feel I don't have to). Obviously it was bad enough for me to have to go. And I don't want to have to go through a lawsuit but I don't think the company should get away with something like that. I will be calling them anyway I just don't want them to be like here's a free $10 gift card or something. It's not right.

 

[Hebster1]

ok, be an ass.

I don't see how out of the 2 of us I was the one being an ass...

I don't like mean spirited comments for no reason that's all.

 

[Proserpina]

So you have real legal advice? Is that to save your butt from the other comments? I don't think it's right to say other comments that make you look ignorant just because you want to be funny or something. People have real problems and just want straight advice sometimes. This was obviously something that was serious enough for me to go to the hospital (I didn't even want to because I hate hospitals and can't afford to do that if I feel I don't have to). Obviously it was bad enough for me to have to go. And I don't want to have to go through a lawsuit but I don't think the company should get away with something like that. I will be calling them anyway I just don't want them to be like here's a free $10 gift card or something. It's not right.

The company hasn't gotten away with anything - there is no proof the company is responsible for anything.

You will, quite honestly, be lucky to get a $10 gift card.

 

[justalayman]

ok, be an ass.

I don't see how out of the 2 of us I was the one being an ass...

I don't like mean spirited comments for no reason that's all.

I never made a mean spirited comment. I asked valid questions that were pertinent to the situation.

and I think you should feel blessed with a $10 gift certificate since you took an assumed risk by purchasing a drink you know has caffeine in it. If you would sue, they would blast you out of the courtroom with that simple statement and rightfully so.

 

[Hebster1]

[

The company hasn't gotten away with anything - there is no proof the company is responsible for anything.

You will, quite honestly, be lucky to get a $10 gift card.

I don't see your reasoning. Based on my observations, the doctors observations, putting 2 and 2 together, it points to one obvious thing. And maybe some people like to sit idlely by and do nothing but I have never been one of them. And I think if you were in my position you would feel the same. Also by not speaking up companies continue to make the same mistakes (and I do understand it was a mistake) therefore causing more problems for more people. Where does it stop when someone doesn't say anything? When someone request a decaf or a special request of a product sometimes it for good reasons.

And addressing the food not agreeing with me again, again I have had those same exact items on numerous occasions, so either A) that particular batch was bad but then I would think others would get sick or B) it was the drink.

 

[Hebster1]

Eating something that doesn't agree with you doesn't mean anyone else eating at the same place will get sick. It just means it didn't agree with you.

You would have noticed pretty quickly if there was caffeine in your drink. It would not take 3-4 hours.

The first symptom showed up about an hour after. 3-4 hours was the length of time all the symptoms showed themselves and were full blown.

 

[Proserpina]

[



I don't see your reasoning.

That's obvious

Based on my observations, the doctors observations, putting 2 and 2 together, it points to one obvious thing.

You have no PROOF. Understand?

And maybe some people like to sit idlely by and do nothing but I have never been one of them. And I think if you were in my position you would feel the same.

Oh hon, most of us have been there and done that.

You. Have. No. Case.

Also by not speaking up companies continue to make the same mistakes (and I do understand it was a mistake) therefore causing more problems for more people. Where does it stop when someone doesn't say anything? When someone request a decaf or a special request of a product sometimes it for good reasons.

And addressing the food not agreeing with me again, again I have had those same exact items on numerous occasions, so either A) that particular batch was bad but then I would think others would get sick or B) it was the drink.

Please feel free to contact a local attorney first thing Monday morning.

Oh - and be careful. If you start making statements that X company poisoned you, or that Y product did, without having actual proof? You may end up defending against a defamation suit.

 

[justalayman]

[



I don't see your reasoning. Based on my observations, the doctors observations, putting 2 and 2 together, it points to one obvious thing..

yes, it is quite obvious. You intentionally purchased a drink that you know has caffeine in it and experienced what you know to happen should you ingest too much caffeine.

If you can show where the seller has posted they guarantee their decaffeinated coffee contains absolutely no caffeine, you have a winner. If you can't, you lose.

Dang, if I was the seller, I would counter-sue for legal costs due to you filing a frivolous suit. I mean, what person with an iota of intelligence that knows he has an aversion to caffeine intentionally purchases a drink known to contain caffeine and then complains when they have a reaction to caffeine?

Another problem: the coffee you have remaining in your cup is going to contain caffeine. How are you going to prove it was not "decaffeinated" coffee?

 

[Hebster1]

I never made a mean spirited comment. I asked valid questions that were pertinent to the situation.

and I think you should feel blessed with a $10 gift certificate since you took an assumed risk by purchasing a drink you know has caffeine in it. If you would sue, they would blast you out of the courtroom with that simple statement and rightfully so.

Sorry but I would consider saying someone who has a reaction to a lot of caffeine not liking a caffeine high is mean spirited and unnecessary, and most people would too. And also the way you acted about if I knew decaf has caffeine when I stated in my post I had been getting decaf because I can't handle so much caffeine came across pretty nasty too. There is a way of saying things to get your question or point across without coming across like a jerk. You can ask valid questions without sounding like that. It doesn't make someone take you very serious when you act like that. And if you don't want to be taken serious then I'm not sure why your here.

 

[Proserpina]

Sorry but I would consider saying someone who has a reaction to a lot of caffeine not liking a caffeine high is mean spirited and unnecessary, and most people would too. And also the way you acted about if I knew decaf has caffeine when I stated in my post I had been getting decaf because I can't handle so much caffeine came across pretty nasty too. There is a way of saying things to get your question or point across without coming across like a jerk. You can ask valid questions without sounding like that. It doesn't make someone take you very serious when you act like that. And if you don't want to be taken serious then I'm not sure why your here.

JAL said NOTHING out of turn.

Seriously - a thicker skin will help you throughout your life

(Because trust me - most people reading this would think you're over-reacting and behaving somewhat irrationally)

 

[justalayman]

Sorry but I would consider saying someone who has a reaction to a lot of caffeine not liking a caffeine high is mean spirited and unnecessary, and most people would too. And also the way you acted about if I knew decaf has caffeine when I stated in my post I had been getting decaf because I can't handle so much caffeine came across pretty nasty too. There is a way of saying things to get your question or point across without coming across like a jerk. You can ask valid questions without sounding like that. It doesn't make someone take you very serious when you act like that. And if you don't want to be taken serious then I'm not sure why your here.

I asked:

what damages did you experience other than a caffeine high you did not enjoy.

Please tell me where that was mean.

Obviously you experienced a caffeine high that you did not enjoy. I asked what other damages you had.

And also the way you acted about if I knew decaf has caffeine when I stated in my post I had been getting decaf because I can't handle so much caffeine came across pretty nasty too.

and where did you state that you know decaffeinated coffee does actually contain caffeine? A lot of people do believe that decaf coffee contains no caffeine. How was I to know you were not one of those people without mentioning it?

and the fact is: I am very serious about what I say here (generally although there are the occasional fun threads). Serious does not require nice. In fact, nice often causes people to take things less seriously and homey don't play that game. You asked questions. I gave answers. If you want to be coddled, find a forum that offers legal advice with a side of warm fuzzies.

 

[Hebster1]

@proserpina and justalayman, Why are you guys so dense, my god. Are you one in the same? I feel like I'm a broken record. I keep addressing the things you aren't understanding. Let me repeat myself once again, Not everyone has the same caffeine tolerance level. If your taking away from what I said that I purchased a drink I know would make me sick then you obviously didn't read everything I said or don't understand it. I requested a decaf drink because that is what I personally can handle and have for years. Same size and everything. The only thing that would be different would be if the person messed up and gave me a drink that I didn't order such as non decaf. I understand that mistakes happen but if it affects someone health that's a different story. If someone requests something be made a certain way they should get the product like that because there may be a good reason behind it. So how is that my fault if they messed up? And yeah there would be a way to prove it. If the remaining liquid I have left in my cup has a higher caffeine content (the same as a regular mocha) than the amount found in the same amount of liquid (same condition) of a decaf drink then that is proof it wasn't a decaf. They do have ways of testing things nowadays ya know? Problem is that is probably money out of my pocket which I don't have. So yes there is a way to prove it but not everybody has the means to do it.

I was planning on calling the company anyways just wanted to know what other options there are in case I can't get anywhere with them. But right now I have actual things to do in my life at least and this is is going in circles. I can see why this is called FreeAdvice.

And Prosepina, I'm not your "hon" and no thank you.

 

[Hebster1]

Saying a severe reaction from a food or drink is a "high" makes you look ignorant and facetious. How do you not see that? Like I said, try saying that to others who have reactions to things and see if they don't think that's wrong to say either. And it's not about "not having a thick skin" it's about being an adult and having an adult conversation and knowing what is appropriate and professional to say to someone. I thought this was an adults forum where you talk to professionals. Guess I was wrong. And if you are a kid (or someone who just acts like it) practice your online skills. There are classes for that if you need it. You don't have to be mean or nice to converse. It doesn't have to be one way or another. Just professional. That's what most people want when they look for advice. I hope you take some.

 

[Proserpina]

It appears your issues are far beyond the scope of a message forum.

Have a great rest of the weekend though - and stay out of coffee shops!