Do I have a case if I was opening a bottle with an opener and the glass broke at the top causing a 1/2 inch cut on the inside of my thumb?

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Do I have a case if I was opening a bottle with an opener and the glass broke at the top causing a 1/2 inch cut on the inside of my thumb?

Asked on February 6, 2012 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, there is no compensation or recovery in a case like this unless one of the products (the opener or the bottle was defective); if there was no defect, then you cannot recover compensation simply because you were hurt. (Often, people are hurt without any fault or liability.)

Furtheremore, product liability cases can be expensive to bring, since you typically need tests or experts to establish the defect. However, the most you can recover is an amount equal to any unreimbursed or out of pocket medical costs and lost wages; you would not be able to recover anything for pain and suffering, even if the product(s) was defective, unless you suffered some significant injury (e.g. permanent partial loss of function of the thumb). Thus, a lawsuit would not economically be worthwhile.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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