Monster Energy Drink Maker Set to Defend Mouse in Can Claim

Submitted by Bob Jacobson on Tue, 04/12/2011 - 12:21

 

Monster Energy Drink Maker Set to Defend Mouse in Can Claim
 
Andy Hobbs, in his April 4, 2011, article for the Federal Way Mirror, reports of a lawsuit filed against Hansen Beverage Company by Vitaliy Sulzhik which alleges he sustained injury when he found a mouse inside a can of beverage produced by the company. Mr. Sulzhik described the occurrence as “the worst experience of my life.” Hansen’s statement of April 1, 2011, opposes the notion that a mouse was introduced to the can during the drink’s production.
 
Quoting Mr. Hobbs’ article:
"According to the statement, the 16-ounce can in question was produced at a plant in Southern California. Had the mouse entered the can at the plant, according to Hansen's statement, it would have deteriorated and rendered the product undrinkable. In the statement, the company defends its manufacturing practices, which adhere to "the strictest safety standards in the industry."
"We wholeheartedly believe that this lawsuit is frivolous, unfounded and is nothing more than a shakedown," the statement said. "We strongly believe that we owe it to our consumers to assure them that there is no factual basis for Mr. Sulzhik's claim and we stand behind the quality and integrity of all our products."
The attorney for Mr. Sulzhik says they are suing for negligence and product liability but have not specified a dollar amount they are seeking. Mr. Hobbs’ article did not mention the specifics as to what kind of harm Mr. sulzhik actually sustained.
Plaintiff Will Likely Face Uphill Battle
The article does not give us all the facts to consider, but does suggest, based on the statements of Hansen, that they do not consider this a case of liability. Part of Hansen’s denial of liability is based on their production procedures which they feel confident would not allow such an occurrence to take place. They also raise questions about the condition of the mouse in the can, suggesting that the mouse was apparently not in any considerable state of decomposition. Although I have not researched the actual effects of energy drink on mice, I would guess that it is probably not a preservative.
What Harm Did the Plaintiff Actually Suffer?
Again, we are left to speculate on the harm this plaintiff actually suffered. But, assuming a mouse did get into the drink and is not visible due to its being in a can, how much would one have to consume before one would become aware that additional flavoring had been added. Again, we have to assume that the plaintiff would not have gotten to the bottom of the can before making the discovery. Did the plaintiff become ill? Did he have to seek medical attention? Was he hospitalized? Has he sought counseling for fright and shock over seeing a mouse in his drink? Interesting questions that will undoubtedly shed light on the value of the plaintiff’s case. Without affirmative answers to those questions, the value of this claim is highly questionable.
Res Ipsa Loquitur May Save Question on Liability
The one thing the Plaintiff may have in his favor is the ultimate proving of liability on the part of Hansen. If the overall condition of the mouse checks out from a scientific standpoint, i.e., was the mouse’s state of decomposition consistent with having been in a can of energy drink, then the plaintiff’s argument might very well be the latin phrase, res ipsa loquitur, or “the thing speaks for itself.” In other words, one would not expect a mouse to be in one’s drink without some mistake or wrongdoing on the part of the producer or manufacturer of the drink. If one ends up in a drink, the manufacturer may have to prove that the mouse got in the drink some other way, which would be difficult. There may also be a state law that holds a manufacturer or producer strictly liability if some foreign body is found in such a product. A finding of strict liability would help the plaintiff because he would not have to prove any actual negligence on the part of the producer of the drink.