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Is Fruit Worth Suing Over?

So now somebody is suing Kellogg’s because there is no fruit in Froot Loops.  Better yet, he is suing on all of our behalf.  Is it crazy?  Maybe, but let’s look beyond the headline.  I am not a big fan of these lawsuits, though I find some merit in the concept.  Call me crazy? That is what many called the lawyers who began suing the tobacco industry many years ago.  Those suits have resulted in dramatic changes in society and billions of dollars changing hands, some of which you benefit from.  That’s right, you.  The tobacco industry has given billions of dollars to each and every state.  It was supposed to go to tobacco prevention, etc.  Most of it ends up in the coffers of the state and is spent just like any other general revenue.  Likewise, anti-smoking laws exist today which would have been laughed at ten years ago.  Let’s admit it, society’s attitude towards smoking has changed dramatically.  I give lawyers the credit, not good-natured tobacco companies.

 

So while I think this guy’s complaint is a bit far-fetched, I do find merit in the law’s role changing society.  Similar food suits were being considered and/or brought against McDonalds and other fast food companies.  The very well funded PR/lobby machine of the fast food industry put a quash to that, even going so far as to pass national and state laws preventing such actions.  The intended benefit of the lawsuit came about anyways.  We are now much more aware of the nutritional values of our food.  Perhaps that is what this guy is trying to accomplish, even if it seems rather obvious that there is a very limited, if any, nutritional value with respect to fruit intake in these cereals.  Doubtful our children know that, however.  And since they are the intended beneficiary of this lawsuit, perhaps it is not so bad that it is brought.  I do not think it really has much to do with money for the Plaintiff, even if he is asking for it. 

 

Tom Paris, Chicago Attorney 
312/759-1600
312/201-1436(fax)

Disclaimer:

The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact Thomas M. Paris or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; as Thomas M. Paris will not assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Thomas M. Paris. Also, no such information, documents or materials will be returned to you.

Tags: chicago+attorney

Can I Sue My Apartment Complex?

Q.  I am leasing an apartment that has represented its property to be highly secure.  They have surveillance cameras and an on-site security officer.  My car was broken into while in the secured and fenced parking lot.  I am now facing about $1,000 in losses due to electronics that were stolen as well as a broken window.  It turns out that the surveillance system was not on and there was no video of the vandalism and theft.  Can I sue the apartment complex?

 

A.  Your question is a good one, but more often involves a tragic personal injury case.  Consider your same question, and this time the criminal broke into the apartment complex and injured or raped a tenant.  The legal issues are largely the same. The criminal act would often be considered an “unforeseeable intervening cause”.  That is, sometimes the law closes its eyes and says that it is unforeseeable that a criminal act could occur.  Of course, those of us living in the real world know otherwise. 

 

The representations in the lease, promotional material and statements by the apartment complex’s agents would be very important to examine.  Those representations may overcome the principal of law discussed above.  They may also create a cause of action for some sort of breach of contract, depending on how specific the language was. Parking lot cases are also considered under a few other legal concepts, namely license and bailee/bailor.  When you turn over your keys to a valet attendant for instance a bailee/bailor relationship is established.  There, generally speaking, the parking lot attendant has the responsibility to return the vehicle to you in the same condition which you gave it to him, and is responsible for intervening criminal acts.  The same is not the case when you keep the keys and simply park the car yourself in a parking lot.  There, intervening criminal acts would most often prevent a recovery, unless, as I stated above, there are some representations orally or in writing which you would have a right to rely upon.

 

Realistically, in the case which you describe, it is unlikely that the thousand dollars worth of property damage would be enough to bring suit over.  The filing fees alone would create a barrier to moving forward.  However, in those cases where there are serious injury or death, the issue of inadequate security is often fought over. 

 

Tom Paris, Chicago Attorney 
312/759-1600
312/201-1436(fax)

Disclaimer:

The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact Thomas M. Paris or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; as Thomas M. Paris will not assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Thomas M. Paris. Also, no such information, documents or materials will be returned to you.