Legal Question in Product Liability in Delaware
Minor injuries due to faulty product
I opened a bottle of iced tea made by a popular iced tea company and took a sip from the bottle. I didn't notice that the rim of the bottle was chipped and upon placing the bottle to my mouth I received a minor cut to my lip and swallowed several glass slivers. I also received a minor cut to the back of my throat and a minor tooth ache due to a piece of the glass getting ground between my teeth. I went to the emergency room immediately afterward. Again ,no serious injuries but the pain was lingering. Does the tea company have a certain legal responsiblity to me as a consumer for selling me the tea. And what kind of monatary compensation could I receive. So far I have had no luck with the local law firms. They all have basically told me to call the tea company myself and see if the will sent me a supply of tea. That doesn't sound right to me what about my medical bills and the pain and suffering not to mention my right to buy and drink tea that doesn't have glass in it.
1 Answer from Attorneys
Broken bottle, minor injuries
Well, a seller or maker of a defective product is strictly liable. Broken / exploding bottle cases are not unusual. But it can be tricky to prove whether the defect was in the bottle when made, or whether it happened in shipping, or storage, after it left the tea company. Probably the reason the attorneys you consulted could not take the case was that the likely value of your claim would be less than the costs of pursuing the claim.
Very likely the tea company will send you some type of package in consideration of your trouble, and also be willing to cover medical expenses. And you may be able to find an attorney who is willing to pursue the case for settlement value. So don't give up on it.
P.S. Have you preserved the bottle and cap? It's extremely hard to pursue a product defect case without the product.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
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