A woman whose thumb was lacerated when she tried to open a bottle of wine has been awarded £6,000 in damages.
Christine Millard, 42, was trying to uncork a bottle of wine that she had purchased from her local ASDA store when the neck of the bottle shattered, cutting her hand. She required emergency medical treatment including 12 stitches to her thumb.
Mrs Millard was left with scarring on her thumb as well as a loss of dexterity and sensation. She has been told that this is likely to be permanent.
The Consumer Protection Act 1987 imposes strict liability on producers for harm caused by defective products. People who are injured by defective products can sue for compensation without having to prove the producer negligent, provided that they can prove that the product was defective and the defect in the product caused the injury. They do not even have to be the person who bought the item which caused the injury. The bottle of wine in this instance clearly did not meet reasonable safety standards and this resulted in Mrs Millard's injury.
Where an injury is caused by an item bought from a supplier, the customer can sue the supplier, without proof of negligence, under the law applying to the sale of goods.
ASDA admitted liability and paid Mrs Millard £6,000 in damages.
If you are considering making a claim because of an injury caused by a defective product, it is advisable to seek legal advice at an early stage.


