Legal Question in Product Liability in Missouri

Product Liability

I opened a bottle of expensive wine and poured a glass full. Then I noticed something funny in my mouth. I assumed it was a piece of cork. So I spat it onto a plate and to my horror it was a huge fly.

The fly was at least two years old as that was when the wine was bottled in 2005. I threw up on the plate and have felt horrible every since. It's the mental injury of knowing that I had one of the filthiest creatures on Earth in my mouth for a few seconds. I have had nighmares several times since dreaming about it.

They sent me two bottles of wine a couple of weeks ago, and they sent four more bottles by UPS today. I'm not interested in their wine now. I want damages for this very unpleasant experience. I have drank wine all over the world for years and not one time have I ever had a fly in the bottle when I opened it.

I'm interested in taking them to court if I can find an attorney who is not afriad to challenge a Big California Winery


Asked on 9/13/07, 7:48 pm

2 Answers from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: Product Liability

I can't imagine any lawyer taking the casen unless you are willing to pay thousands of dollars in legal fees. Up front. If you don't have a permanent injury, physical or emotional, my advice is to enjoy the wine they sent you. No jury will ever award anywhere near that amount for the "horrible experience" of a fly in the mouth in conservative Missouri. Check FDA regulations- you may be shocked at the amount of bug parts allowed in food! At least your fly was sanitized in alcohol for two years.

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Answered on 9/13/07, 8:30 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Product Liability

Boy, Spencer Farris has this right.

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Answered on 9/13/07, 9:14 pm


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