licensing laws

[baggysenior]

Does anyone know the law regarding opening a champagne bottle in a pub? during the weekend i was out enjoying a drink with a friend. A party of people were celebrating on the table next to us, one of the party ordered a bottle of champagne to the table(unopened)whereby a girl proceeded to mess about with the bottle, shortly after it was opened, and the bottle neck shattered unfortunately throwing glass into my face, which consequently left wounds requiring stitches. My question is shouldn't a member of staff of opened it,ie someone sober! or at the least shouldnt the member of the public that was opening it have been supervised to make sure it was safe? I'm getting married next week, and i'm now left with a face full of stitches for an accident which wasn't my fault, so who is at fault? i would be grateful of any advice. thanx

[Sequin]

No law about this type of thing - if the problem could have been forseen, the girl could probably be held to blame - if it was unforseeable - the girl just shook it up like Michael Schumaker does every other week, then there would be no fault. If the bottle was faulty causing it to shatter, sue the manufacturer

[curiosity]

I used to be a fan of "well accidents happen" however I do feel that if you had hurt or damaged any person or property of the pub, you wouldn't have got off lightly. Without making a meal out of it I think if you are getting married next week you should pursue this, even to get a professional photo shoot when the scars have healed. In America they'd go for the full wedding compo!

[woofgang]

you could get some factual advice from a local solicitor. Ask if any do a "fixed fee interview scheme" Its a good idea to get some photos of you injuries, if you do go to law, then doctors reports will be available. Do keep in mind that unless the girl has insurance, you aren't likely to get  much financial benefit from your action. poving that the bottle was faulty is IMHO likely tpo be way more difficult and costly especially if the pieces weren't retained!!

[ali_alic]

Not sure if this is of help but when I worked in pubs/clubs no bottle was allowed to be handed over with the lid/top intact as this was construed as "offsales".  Maybe that was just an excuse given by the landlords to stop people taking drinks out with them??

[Peter Pedant]

I agree with Woofie.

You have a cause of action against the opener who clearly as you day did it negligently.

I dont think there#s a lot of money in it - did you have to pay for your stitches?

and after a  while you may not feel it worthwhile.

Your claim against the pub - it is still there while the stupid customer isnt - is more tenuous. Youhae to show they were negligent in allowing the customer to behave like that.

Interesting question - I wouldnt spend much of your own money on it though