Visitor Question

Cut by Broken Bottle at a Liquor Store…

Submitted By: Jay (Jersey City, NJ)

About a month ago, I was at a wine store and as I grabbed a wine bottle it slipped and fell out of my hand. As it hit the floor, glass few everywhere and I received a deep cut between my fingers. An ambulance was called and I went to ER.

It turned out one of my tendons had been cut and I received stitches. I was on short term disability for a month and now I’m going through hand therapy to get my hand motion back. Currently, all my medical expense have been paid by my work insurance. However, I’m wondering if I can file a law suit against the liquor store?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jay,

You can file a lawsuit against anybody, any time, and anywhere. The question is: Is there any chance of being successful? In your case probably not. From the facts you present there isn’t any negligence which can be imputed to the liquor store.

Unless you can document either by oral or written evidence there was any negligence on the part of the liquor store, there isn’t really anything you can do.

There are other factors to be considered. If there was any contributory negligence, such as voluntary intoxication, either through the ingestion of drugs, including, but

not limited to alcohol, narcotics, or even over the counter medication which may have affected your dexterity, the possibility of being successful in a lawsuit becomes even more remote.

If for any reason you can show there was some type of negligence on the part of the liquor store you may be able to request compensation from the liquor store without having to file suit. In that case you would talk with the manager or owner of the liquor store and request they compensate you for your injuries.

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

Best of luck,

Published: October 3, 2011

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