According to Yahoo Finance, the husband of a woman killed by a pallet of falling water bottles at a Kroger store in central Indiana is suing Nestle, the company that produced the bottled water, because he says the water bottles they produce are dangerous. The water bottles in question were what’s called an eco-friendly water bottle, meaning they use less plastic so are better for the environment. As frivolous lawsuit after frivolous lawsuit invades America’s court system, it’s no wonder Americans are paying more and more for everything they buy, and frivolous lawsuits like this one against Nestle are to blame.
First of all, let’s clarify. Nobody, myself included, is saying the death of 32-year old Lori Keen, who worked at a Franklin, Indiana Kroger store wasn’t sad. It was. Particularly for the husband and daughter she left behind. According to witnesses, and to a security camera that taped the incident, Lori Keen’s death occurred after a pallet of water fell on her while she was checking in a shipment of water. Keen had worked at the Kroger store for more than 13 years and was well known and well liked by employees and customers alike.
However, the fact that a pallet containing bottles of water fell on Lori Keen is no more Nestle’s fault than it’s mine. From everything that has been reported, the fault likely lay in the Kroger store, which has been known in the past to stack things dangerously and incorrectly. In fact, that particular Kroger store has been fined by OSHA in the past, for violations ranging from incorrect stacking of products to products being moved around the store dangerously.
In the death of Lori Keen, OSHA again fined the Franklin, Indiana Kroger store, this time for $17,000, after it ruled Keen’s death was due to stacking, arrangement and movement of the pallets of water bottles.
Keen’s husband however, says the bottles, which are lighter due to their lower plastic content, were to blame for his wife’s death, so he’s suing Nestle. Why? Because he can’t get money out of Kroger, so he’s going to go after Nestle.
Under Worker’s Comp laws, Lori Keen’s husband would have to prove gross negligence on Kroger’s part to be awarded a large sum of money. As this is almost impossible in many cases, the maximum amount Keen’s husband would be awarded would be the actual cost of the accident plus a few thousand dollars.
Nestle, however, is a multi-billion dollar international company and is therefore a prime target for a frivolous lawsuit like this. So, why not blame Nestle, who had nothing to do with this accident, as he might be able to get a few million out of them.
Now, if you’re a consumer who thinks “somebody should pay” for Lori Keen’s accident, think about this. If Lori Keen’s husband wins this lawsuit, and dumber things have happened, YOU will pay. For every Nestle product you buy, the price will increase – to pay for the multi-million dollar insurance a large company like Nestle needs to buy to protect itself from frivolous lawsuits filed by people like Lori Keen’s husband. And that…..is what’s wrong with America. A bloated court system, greedy lawyers, and people who think they can make some quick money out of a bad situation.
The bottom line is this. Accidents happen every day and, when someone like Lori Keen gets killed, it’s extremely sad. But to then put that blame onto someone else, a someone or an entity that had nothing to do with the tragedy, is immoral and wrong. Plain and simple. Wrong.
Bottled water company sued in Indiana worker’s death – Yahoo! Finance
Worker dies after being injured at Central Indiana grocery store – 13WTHR