Coca Cola
July 25, 2009 | 20,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
I once bought 3 bottles of Coca Cola at a gas station. Later, my colleagues and I opened 2 bottles and noticed that there was dirt or insects inside the bottom of the 3 bottles. As a result, one of my colleagues vomited after drinking from the bottle.
I contacted the Coca Cola customer service center and the manager took the 2 opened bottles as evidence and gave us an official document confirming that he had taken the bottles from us. He said he would analyze them for 2-3 weeks.
So far, I have not received any response regarding what was inside the bottles, or if I will receive compensation. What do you think? Are we entitled to compensation in this case? What laws apply in this area of law?
Please process this quickly.
Best regards,
R. Abdulmajeed
Dear inquirer,
If you had returned the contaminated bottles to the gas station immediately, you would have at least been entitled to new ones under the warranty provisions that apply to you, §§ 434, 437 no. 1 BGB.
Since you have now handed the bottles in to a different location instead of the dealer, you will not receive anything from the dealer initially, as you no longer have the defective bottles in your possession. You must prove the existence of the defect, which is no longer possible without the bottles. The presence of the defect at the time of purchase of the bottles is presumed within the six-month period from delivery of the bottles, § 476 BGB.
The aforementioned warranty rights apply only between buyer and seller.
If no health damage has occurred due to drinking from the bottle, the German Civil Code grants compensation for so-called non-material damages, § 253 BGB, to which the disgust that led your friend to vomit can be counted, only compensation at a reasonable discretion. If you are considering legal action in this direction, you would have to prove the contamination in the bottles. This could also be done through witnesses. Your claim would be directed against the bottler. There is no claim against the gas station in your case due to their lack of fault.
Therefore, you should contact the entity to which you handed over the bottles. I would urge you to demand the return of the bottles, if still possible, and otherwise, you should inquire persistently about the status of the situation. By giving away the bottles, you have deprived yourself of an important piece of evidence, and at the moment, you indeed have fewer options.
I hope this information is helpful to you. If you have any questions, feel free to ask.
Best regards,
Andreas Scholz, Attorney
