Failure of a Mother Sues Beverage Company Because Her Drunk Son Died of Stupidity

[JBeukema]

A woman is suing because she failed to teach her underage son to not get really, really drunk. Then one day he got hammered and, after she picked him up from a party, he ran into a street and was hit by a car. All, of course, the fault of the company which made the beverage- the idiot who died and the mother who failed as a parent bearing no responsibility whatsoever. No word on whether the now-deceased idiot has been nominated for a Darwin Award.

More at the Chicago Tribune.

Now, don't get me wrong, the death of the individual might very well have been a tragedy. But that doesn't change the fact that this occurred as a result of the deceased's stupidity and the mother's failure as a parent.

 

[George Costanza]

Yes -but one wonders sometimes how and why industries that thrive and prosper on products that prey on the weaknesses of the human condition (alcohol, tobacco, gambling, etc.), always seem to be able to ooze out of sight (and responsibility) when the totally predictable results of their "business transactions" result in death, injury, sickness or other forms of tragedy for their customers.

They are more than happy to take our money, but do not want to take any responsibility for the results. Something about that stinks.

 

[TheBrain]

Yes -but one wonders sometimes how and why industries that thrive and prosper on products that prey on the weaknesses of the human condition (alcohol, tobacco, gambling, etc.), always seem to be able to ooze out of sight (and responsibility) when the totally predictable results of their "business transactions" result in death, injury, sickness or other forms of tragedy for their customers.

They are more than happy to take our money, but do not want to take any responsibility for the results. Something about that stinks.

They don't FORCE you to buy their product, they don't FORCE you to misuse it.

Are you suggesting that these products should be illegal because SOME people abuse them?

Also, SOME people die in auto accidents, should automobiles be illegal. Barring a flaw in the vehicle causing the accident should an automotive company be responsible for every accident one of its vehicles gets in?

 

[C_Clayton_Jones]

Rupp's family and attorneys said though caffeine has been removed from the drinks, the 12 percent alcohol concentration and sweet flavoring are still a concern.

"It's not beer. It's not wine," said Jeffrey Simon, an attorney representing the Rupps. "The product still tastes like juice."

Further, Simon said, the products are heavily marketed to college-age and underage drinkers and can be easily purchased in convenience stores.

The issue has nothing to do with personal responsibility.

The grounds of the complaint are based on false/misleading advertising/marketing.

I could very well see a jury going for this.

 

[whitehall]

You gotta wonder. It seems the same people who whine about alcohol misuse want to legalize marijuana. The dirty little secret is that alcohol is a natural substance. You can make it in your bathtub. Stupid politicians tried to outlaw alcohol sales early in the last century and all they did was drive legitimate brewing companies out of business and create an environment for organized crime. Maybe that was the intent of prohibition.

 

[George Costanza]

Yes -but one wonders sometimes how and why industries that thrive and prosper on products that prey on the weaknesses of the human condition (alcohol, tobacco, gambling, etc.), always seem to be able to ooze out of sight (and responsibility) when the totally predictable results of their "business transactions" result in death, injury, sickness or other forms of tragedy for their customers.

They are more than happy to take our money, but do not want to take any responsibility for the results. Something about that stinks.

They don't FORCE you to buy their product, they don't FORCE you to misuse it.

Are you suggesting that these products should be illegal because SOME people abuse them?

Also, SOME people die in auto accidents, should automobiles be illegal. Barring a flaw in the vehicle causing the accident should an automotive company be responsible for every accident one of its vehicles gets in?

I am not saying that people should not be responsible for their own stupidity. All I am saying is that SOME of the responsibility for all of this should rest on the shoulders of the suppliers, since they don't seem to shirk a bit when profit time rolls around.

You know - you can't just get the gravy without having to share some of the gristle as well.

You automobile analogy is not correct. Automobile sellers are not playing on the human weaknesses of their customers.

 

[JBeukema]

Yes -but one wonders sometimes how and why industries that thrive and prosper on products that prey on the weaknesses of the human condition (alcohol, tobacco, gambling, etc.), always seem to be able to ooze out of sight (and responsibility) when the totally predictable results of their "business transactions" result in death, injury, sickness or other forms of tragedy for their customers.

They are more than happy to take our money, but do not want to take any responsibility for the results. Something about that stinks.

Yes, Smith and Wesson should be sued every time some retards eaves their gun where their child can reach it, someone robs a bank, someone commits suicide with a firearm...

Should Gillette be sued for making the razor blades someone killed themselves with?

Phusion Projects made an alcoholic beverage- something that is meant for adults. Like Mike's Hard Lemonade Co, they decided to make a tasty, enjoyable beverage for their customers to consume. Just like Budweiser, McDonald's, or Coca-Cola, they produced a product that, enjoyed responsibly, is perfect safe in moderation. It is common knowledge that misuse or overdose can be dangerous and that alcoholic beverages are not to be consumed by persons less than twenty-one (21) years of age.

That an underage individual had access to this product is not the fault of the maker of the product, but of the mother who failed to instill in her son some responsibility and the sense to avoid peer pressure and of the person or persons who provided (sold or gave) the alcohol to the minor.

That the minor became heavily intoxicated is the fault of the minor and those around him. That he ran into the street is an unfortunate thing that resulted from the minors reckless and irresponsible behavior and the unfortunate inability of the mother to control her son.

It has yet to be determined whether the driver had any reasonable ability to avoid the accident after the young man ran into the street. At no point during the night did Phusion Projects take any steps to facilitate or encourage this man's reckless, illegal, and irresponsible behavior or of those around them. Phusion realizes that most American adults are responsible, law-abiding individuals and feels they have the right to enjoy their favorite beverages responsibly. While Phusion Projects laments the loss of the young man's life and condemns his actions and those of the individual or individuals he was with, it is is a travesty of justice to punish all those adults who can enjoy a Four Loko, a Big Mac, or a Twinkie responsibly and in moderation and be responsible for their own decisions and behaviour for the criminal irresponsibility of a small few.

 

[JBeukema]

Rupp's family and attorneys said though caffeine has been removed from the drinks, the 12 percent alcohol concentration and sweet flavoring are still a concern.

"It's not beer. It's not wine," said Jeffrey Simon, an attorney representing the Rupps. "The product still tastes like juice."

Further, Simon said, the products are heavily marketed to college-age and underage drinkers and can be easily purchased in convenience stores.

The issue has nothing to do with personal responsibility.

The grounds of the complaint are based on false/misleading advertising/marketing.

I could very well see a jury going for this.

What false advertising? If memory serves, the can says it is a flavoured malt beverage and states both the abv and the total volume same as any alcohol sold in any quantity.

 

[Anachronism]

Yes -but one wonders sometimes how and why industries that thrive and prosper on products that prey on the weaknesses of the human condition (alcohol, tobacco, gambling, etc.), always seem to be able to ooze out of sight (and responsibility) when the totally predictable results of their "business transactions" result in death, injury, sickness or other forms of tragedy for their customers.

They are more than happy to take our money, but do not want to take any responsibility for the results. Something about that stinks.

CAVEAT EMPTOR. If you're stupid enough not to know that drinking, smoking, doing drugs, gambling, driving without your seatbelt on, etc... are dangerous, then you get what yuo deserve.

 

[TheBrain]

Yes -but one wonders sometimes how and why industries that thrive and prosper on products that prey on the weaknesses of the human condition (alcohol, tobacco, gambling, etc.), always seem to be able to ooze out of sight (and responsibility) when the totally predictable results of their "business transactions" result in death, injury, sickness or other forms of tragedy for their customers.

They are more than happy to take our money, but do not want to take any responsibility for the results. Something about that stinks.

They don't FORCE you to buy their product, they don't FORCE you to misuse it.

Are you suggesting that these products should be illegal because SOME people abuse them?

Also, SOME people die in auto accidents, should automobiles be illegal. Barring a flaw in the vehicle causing the accident should an automotive company be responsible for every accident one of its vehicles gets in?

I am not saying that people should not be responsible for their own stupidity. All I am saying is that SOME of the responsibility for all of this should rest on the shoulders of the suppliers, since they don't seem to shirk a bit when profit time rolls around.

You know - you can't just get the gravy without having to share some of the gristle as well.

You automobile analogy is not correct. Automobile sellers are not playing on the human weaknesses of their customers.

Incorrect. If automobile manufactures were not playing on the human weakness then no one would be building street cars that can three times the speed limit, yet they do. Does this mean if someone is driving their Corvette at 150 MPH and gets in an accident they should sue General Motors for building a car capable of speeding?

 

[Anachronism]

Incorrect. If automobile manufactures were not playing on the human weakness then no one would be building street cars that can three times the speed limit, yet they do. Does this mean if someone is driving their Corvette at 150 MPH and gets in an accident they should sue General Motors for building a car capable of speeding?

Careful there. Use that logic and pretty much all the Liberal lawsuits against gun manufacturers have to be thrown out the window as well.

 

[Baruch Menachem]

It has alcohol in it. In order to buy it, you have to be 18 or over in all states, 21 or over in most states. Oregon is very aggressive about enforcing carding rules.

So the kid lied or faked id to get the stuff, drank himself stupid, and died of it.