Cut by a Drinking Glass...

by Taylor

I bought a set of drinking glasses from a major chain retail store. When I took them home I decided to hand-wash them since they had smudges on them. One of the glasses had a chip I didn't see, and it cut my hand.

When I returned it to the store no one even mentioned filing an incident report, I had to bring it up. Every employee involved kept using phrases like "I guess you could talk to a manager..." like they didn't want me to. Now that I have filed an incident report, should I do anything else?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Cut by a Drinking Glass...":

Taylor (CA):

Unless you required medical attention for the injuries you sustained when the chipped glass cut you, there isn't any more you can do.

The facts you present don't mention whether the store exchanged the glass set with you after you turned in the one with the chip in it. Certainly the store should have exchanged the defective set for a new set. In the alternative the store might have refunded your money.

You did the right thing by filing an incident report. The store now has on file the incident and your injury.

That's about it...Unless you are wondering if the store should have to reimburse you or compensate you for your injuries. Without proof of medical attention and resultant costs you don't have a case against the store. Personal injury settlements are almost always based upon medical bills.

Although this case might be classified as a "Product Liability" case, the lack of injuries renders the product liability action not worth pursuing.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Product Liability Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: