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.
