There are many things that can be said about the Kit Kat lawsuit. For starters, the lawsuit is an example of the best way for people to go about ensuring that they get compensation for any injuries that they sustain as a result of not taking reasonable precautions prior to using the product in question. It is also worth noting that the lawsuit itself was launched by an individual who has sustained serious injuries as a result of not taking this particular safety precaution. Therefore, it is clear that the lawsuit has managed to achieve what many people had been hoping for, and that is to bring home justice for the victims of such a product.
Kit Kat Lawsuit
The case study starts with the fact that the negligence of the manufacturer has resulted in the accident. In most cases, this will be due to a failure on the part of the company to take adequate measures to ensure that the contents of the product were safe for use. From the testimony of witnesses, it is clear that the cause of the injuries sustained by the claimant were due to the fact that the spill kit included instructions for its use, but did not include specific information on how to read the instructions. The consequences of this oversight have resulted in the claim being lodged against the company. As such, this accident has led to a case study that looks into the various factors that contribute to the success rate of Kit Kat cases.
From this case study, it is clear that the product was poorly designed and sold to the public, resulting in it being unsafe.
There are two main factors that impact on this likelihood of success in a lawsuit. The first of these is the manner in which the marketing campaign was handled, leading to what is known as ‘pressure selling’. This occurs when a company’s sales force persuades consumers to purchase a product based purely on the marketing messages conveyed to them via the packaging.
The other factor is the manner in which the company failed to warn consumers about the potential dangers of using the product.
The evidence shows that the company did inform the public about the potential dangers, but failed to make appropriate adjustments to the manufacturing process or the packaging to ensure that these dangers were adequately communicated to users. Under these circumstances, the likelihood of a successful Kit Kat lawsuit is diminished greatly. This is because the damages incurred due to the negligence of the company (including the loss of clientele), are likely to be non-statutory.
In order to increase the likelihood of achieving a successful settlement, a case must be lodged very quickly.
As a result, there are many people involved in the manufacture and sale of this product who have little experience in case law. In some cases, there may be insufficient evidence for a case to even be brought before the court, especially where there have been no wrongdoing by the company. These factors are what make a case file with a superior court so complex and time-consuming.
As a result of these factors, many victims of such accidents have their claims rejected and, instead, obtain a settlement.
A significant factor in a settlement being accepted may come from how quickly the case is lodged with the appropriate court. Many victims are often pressured into accepting settlements before having their day in court and it is not uncommon for them to feel demoralised. If this happens to you, your first inclination might be to take the easy way out and accept a lesser settlement rather than going to court. The reality of the situation is that if you do go to court and win your case, you stand a better chance of getting the settlement you deserve. If you choose to avoid pursuing a settlement, you may be putting yourself in a worse place in the future.
