Legal Question in Consumer Law in Virginia

Old Wine Sold

Yesterday, I purchased a bottle of wine from a national chain grocery store in my town. Opening the wine I discovered the cork was dried out. The wine had a putrid taste, and I poured it out.

I called the vineyard who produces the wine and described my situation. They indicated that the wine has not been produced for over 3 years. They also indicated that their responsibility for the wine ends when the grocery store purchases their product.

The wine made me ill with flu like symptoms but did not require hospitalization. I would like to prevent this from happening to other people and wonder what type of recourse I have besides getting my money back. Is a law suit an option or should I just get a refund and be done with the matter?


Asked on 11/19/03, 8:32 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Old Wine Sold

The vintner(manufacturer) is wrong about his or her possible liability, which does not end with the sale of their product to the grocers(distributor), since typically, in this kind of defective product liability case, both the manufacturer as well as the distributor may share in the liability for the defective product

and whatever damage it may visit upon an unwary purchaser and consumer.

However, having stated the above, based upon the particular facts which you;ve outlined, I'd go for the refund rather than the lawsuit.

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Answered on 11/20/03, 8:22 pm


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