Visitor Question

Cut by a Drinking Glass…

Submitted By: Taylor (CA)

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?

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 Taylor,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 4, 2012

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