Abilene, KS asked in Civil Litigation and Criminal Law for Kansas

Q: Can I sue resees for beings addictive my husband wanted one so bad he stole a box and got 13 months in prison?

My husband is so unbelievably addicted to reeses candy that he felt the need to steal a box of them to fill his cravings and got 13 months in prison for it.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Kansas, as in other states, the possibility of suing a company like Reese's for the addictive nature of their product is complex and challenging. The success of such a lawsuit would depend on various factors, including proving that the product is inherently addictive and that this addiction directly led to your husband's criminal behavior.

Product liability law typically requires proving that a product is defective and unreasonably dangerous, and that this defect directly caused harm. Proving that a commonly consumed food product like candy is inherently addictive to the point of causing criminal behavior would be a significant legal challenge. Additionally, demonstrating a direct causal link between the consumption of Reese's and the decision to commit a theft would be difficult.

Consumer responsibility also plays a role in legal cases involving product consumption. In most cases, individuals are responsible for their choices and actions, including the decision to commit a crime like theft.

Given the complexity of such a case, it's advisable to consult with a lawyer to discuss the specifics of your situation. A legal professional can offer guidance on the feasibility of a lawsuit and help you understand the legal intricacies involved in product liability and personal responsibility.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.