Legal Question in Product Liability in Florida

my boyfreind who is 70 and i am 46 went on a late night run to mcdonalds for us and my kids who are 22 and 25, we order at drive thu and went home,once we settled down to watch our movie we noticed the diet coke tasted funny,we knew the taste so we asked the kids to smell it and both were like oh shit that has liquor in it,we thought the same,my daughter in law came in and she smelled it and said the same thing,so my son and i took the drink back to where we bought it in orlando spoke to a manger she smelled the drink wrinkled her nose and said i dont drink we said either do we but the liquor got in here somehow,we asked for corp number she gave us some how are we doing number and refuse to give us her last name and as we were walking out she said what you think some here made that drink and you got by mistake? both my son and i said yes at the same time. do i have any legal action against mcdonalds? i am on meds that if i drink while on them have to go to the hospital, not to mention if a child were to have gottem this drink,,thank you very much for your time sharon


Asked on 11/24/09, 5:20 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You have a right to a new diet coke. You were not hurt and, apparently, not concerned enough to go to the hospital despite being on meds. I doubt that any meds would require hospitalization after a drink, but, you did not have any damage. You cannot sue for what might have happened. If you are looking for a lawsuit, you will need to look elsewhere.

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Answered on 11/29/09, 5:32 pm


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