Welches Container Explosion

[xylene]

Shouldn't the container be able to hold its contents? It doesn't need to be in an aluminum pressurized container but it should be able to prevent its contents from exploding, no?

What are you not understanding?

The container would have to be ridiculous strong to contain the gas released by fermentation.

This is all your fault.

 

[>Charlotte<]

I understand you lawyer types' job is to tell people what they don't want to hear but there's no need to be rude about it and troll me.

I have just one question:
Shouldn't the container be able to hold its contents? It doesn't need to be in an aluminum pressurized container but it should be able to prevent its contents from exploding, no?

The container is perfectly adequate for its intended use--which is to contain properly stored grape juice.

You're still reaching.

No matter how many ways you try to spin this, this is...YOUR FAULT.

 

[Silverplum]

I understand you lawyer types' job is to tell people what they don't want to hear

Is it?
And what about those of us who are not attorneys?

but there's no need to be rude about it and troll me.

Didn't happen.

I have just one question:
Shouldn't the container be able to hold its contents? It doesn't need to be in an aluminum pressurized container but it should be able to prevent its contents from exploding, no?

 

[LillianX]

It holds the contents and prevents them from exploding when used both as directed, and with common sense. The directions tell you to refrigerate the bottle after it's been opened. Common sense tells you not to leave an open bottle of grape juice sitting around your nasty bedroom for very long.

I tend not to make assumptions, but in this case, I think your bedroom being nasty is a foregone conclusion, given that you have admitted to being the type of person who leaves opened bottles of grape juice laying around long enough for them to ferment and explode without noticing the nastiness growing inside the bottle, as well as the bulging plastic.

 

[Mass_Shyster]

Just to be the odd man out:

Leaving the bottle unrefrigerated may be considered foreseeable misuse. The label's failure to warn of the potential consequences of leaving the bottle unrefrigerated may be an inadequate warning.

I recall a case in my Products Liability class where the label stated "may be harmful if swallowed", but failed to indicate that small amounts would almost certainly cause death to infants, and was considered defective labeling because of the lack of a proper warning.

In this case, it can be argued that a reasonable person would believe the product should be refrigerated to keep it fresh, and failure to do so would only result in the product spoiling, not exploding.

Write a letter to the manufacturer indicating what happened, why you think it should not have happened, and what you want them to do about it.

 

[nmernaci]

It holds the contents and prevents them from exploding when used both as directed, and with common sense. The directions tell you to refrigerate the bottle after it's been opened. Common sense tells you not to leave an open bottle of grape juice sitting around your nasty bedroom for very long.

I tend not to make assumptions, but in this case, I think your bedroom being nasty is a foregone conclusion, given that you have admitted to being the type of person who leaves opened bottles of grape juice laying around long enough for them to ferment and explode without noticing the nastiness growing inside the bottle, as well as the bulging plastic.

The container, of which there was one, was closed, opened once and never bulged. Room is pretty messy, but I get by.

I still think that Welch's should be held liable for not designing a container strong enough to prevent any explosions from fermentation. After all fermentation happens even if you refrigerate in certain cases.

Do I have a stronger case if I sued based on marketing defects because they didn't warn me that it could explode?

 

[LillianX]

Just to be the odd man out:

Leaving the bottle unrefrigerated may be considered foreseeable misuse. The label's failure to warn of the potential consequences of leaving the bottle unrefrigerated may be an inadequate warning.

I recall a case in my Products Liability class where the label stated "may be harmful if swallowed", but failed to indicate that small amounts would almost certainly cause death to infants, and was considered defective labeling because of the lack of a proper warning.

In this case, it can be argued that a reasonable person would believe the product should be refrigerated to keep it fresh, and failure to do so would only result in the product spoiling, not exploding.

Write a letter to the manufacturer indicating what happened, why you think it should not have happened, and what you want them to do about it.

I recall the same case regarding defective labeling, and I would argue that a sweet beverage fermenting when left out for a week after opened is foreseeable... especially in the case of grape juice, where a popular beverage is well known across most of the world as being fermented grape juice.

 

[nmernaci]

Just to be the odd man out:

Leaving the bottle unrefrigerated may be considered foreseeable misuse. The label's failure to warn of the potential consequences of leaving the bottle unrefrigerated may be an inadequate warning.

I recall a case in my Products Liability class where the label stated "may be harmful if swallowed", but failed to indicate that small amounts would almost certainly cause death to infants, and was considered defective labeling because of the lack of a proper warning.

In this case, it can be argued that a reasonable person would believe the product should be refrigerated to keep it fresh, and failure to do so would only result in the product spoiling, not exploding.

Write a letter to the manufacturer indicating what happened, why you think it should not have happened, and what you want them to do about it.

Thank you sir. You are a scholar and a gentleman.

 

[nmernaci]

I recall the same case regarding defective labeling, and I would argue that a sweet beverage fermenting when left out for a week after opened is foreseeable... especially in the case of grape juice, where a popular beverage is well known across most of the world as being fermented grape juice.

Actually, I would argue against that assumption because Welch's is a specific case. They do not add preservatives in their product which differentiates them from other grape juice products. So no, not all grape juices are the same.

 

[OHRoadwarrior]

Actually, I would argue against that assumption because Welch's is a specific case. They do not add preservatives in their product which differentiates them from other grape juice products. So no, not all grape juices are the same.

I hope you do not own a car with cruise control.

 

[LillianX]

Actually, I would argue against that assumption because Welch's is a specific case. They do not add preservatives in their product which differentiates them from other grape juice products. So no, not all grape juices are the same.

You're right. They don't. And that's why people use Welch's to make wine at home. This doesn't bolster your case.

 

[>Charlotte<]

If you're determined to sue Welch's, you don't need an Internet forum, you need a product liability lawyer. Look in the Yellow Pages.

 

[nmernaci]

If you're determined to sue Welch's, you don't need an Internet forum, you need a product liability lawyer. Look in the Yellow Pages.

I'm not determined to sue Welchs just yet.

 

[Zigner]

I'm not determined to sue Welchs just yet.

Good, because you have no case.

Wouldn't your time be better spent cleaning up your room?

 

[nmernaci]

Good, because you have no case.

Wouldn't your time be better spent cleaning up your room?

I have a case under a failure to warn don't I?

I never like it too clean.