Exploding Wine Bottle

[mcsocfce]

What is the name of your state (only U.S. law)? Oregon

I purchased a bottle of wine directly from a local winery and placed it in my wine rack. Nearly a month later, while out one night, the carbonated bottle of red wine blew the cork and shot across my kitchen and dining room. The professional damage estimate for the wine penetrating the oak cabinets, not counting individual unattached items, came to $2000. Do I have a valid claim on my hands to sue the winery for the amount of the damages due to what is assumed a poorly corked bottle?

There was no disclaimer with the sale of the wine. When initially called, the manager of the winery said this happens all the time in their store room, but didn't think it would happen in someone's home as well. They are willing to compensate a couple cases of wine, but $500 in wine won't repair the $2000 in damages done to my home, not to mention a damaged area rug. Please advise.

 

[las365]

Just make a claim under your homeowners insurance.

 

[justalayman]

The professional damage estimate for the wine penetrating the oak cabinets

sure would like to see where a cork could pierce an oak board. The speed needed to impart enough force to cause a chunk of cork to be able to make a hole in a piece of oak would be quite impressive. I don't see it happening.

 

[NotClueless]

the carbonated bottle of red wine

Serious curiousity here. Exactly WHAT kind of wine are we talking here?

Now, my standard sparkling wines don't strike me as "red" wines - Have my blanc de blancs, blanc de noirs, bruts ... occasionally have a rose in the mess. But really, exactly what kind of wine did you buy?

Since it is Oregon, they have really nice Pinot Noirs there ... but can't think of a single "red" carbonated wine. Now, in New York, they have some sweeter red wines.

I need a clue

 

[mcsocfce]

las365 - I checked with my homeowners insurance and my deductible is $1400. That is still a pretty penny to fork out for a faulty bottle damaging my home.

justalayman - When the cork flew out, the pressure shot most of the red wine out of the bottle as well, which soaked into upper and lower cabinets as well as the trim and molding.

NotClueless - It is called "Fizzy Marachal Foch". Very good wine, but apparently not bottled correctly if it is blowing its cork at random both in the warehouse and apparently in customer homes. And yes, we do have many great wineries offering fantastic Pinot Noirs, along with numerous other great reds, whites and dessert wines. Oregon certainly does not lack in the amount of available wineries.


My main concern is if this would stand a chance of full reimbursement in small claims considering the bottle was faulty, had no verbal or written warning of this possibility, and it is known by the winery to happen in their storeroom yet they don't tell customers that there is a slim chance this may happen in their homes.

 

[las365]

I need a clue

Maybe you need a drink! A nice sparkly glass o' red, perhaps...

 

[mmmagique]

As amusing as this is (very), you need to take them to court.

I can't even imagine what my fiancee would do if it were to happen in our dining room. Nor can I imagine what it would cost to fix the damage...

(It also makes me regret not opening the bottle of Honig Sauvignon Blanc I planned to open tonight...an inexpensive wonderful wine from Napa Valley.)

Good luck to you.

~Christina

 

[justalayman]

justalayman - When the cork flew out, the pressure shot most of the red wine out of the bottle as well, which soaked into upper and lower cabinets as well as the trim and molding.

.

I see. I misunderstood your statement.

 

[rocktopler]

Serious curiousity here. Exactly WHAT kind of wine are we talking here?

Now, my standard sparkling wines don't strike me as "red" wines - Have my blanc de blancs, blanc de noirs, bruts ... occasionally have a rose in the mess. But really, exactly what kind of wine did you buy?

Since it is Oregon, they have really nice Pinot Noirs there ... but can't think of a single "red" carbonated wine. Now, in New York, they have some sweeter red wines.

I need a clue

No joke, when I read this post, and seen red wine and, carbonated I thought the very same thing. I'm closer to the east coast myself (Ohio) so maybe we just don't get any on this side of the Mississippi.

Ehh, I still manage to learn something new all the time...

 

[FlyingRon]

Sparkling Shiraz is all the rage in Australia now. The Italians have traditionally also made a few red sparklers (Lambrusco, Brachetto D'Acqui).
I've seen some other US versions.

We tend not to say carbonated with respect to wine though. I've even had defective bottles that were supposed to be still pick up some "spritz".

If this wine was supposed to be carbonated, what sort of closure did it have. Was it using a "champagne"-style cork. Real cork or plastic? Was it safety wired or encapsulated at all?

 

[mcsocfce]

If this wine was supposed to be carbonated, what sort of closure did it have. Was it using a "champagne"-style cork. Real cork or plastic? Was it safety wired or encapsulated at all?

The wine had a plastic cork covered with a regular foil-type wrap that many wine bottles have. The pressure managed expelled the cork, possibly because the plastic was slick or not fitted correctly which allowed the wine to seep along the sides and shoot out. I agree, now, that it should have had a wire wrap or a screw on or metal fitted bottle top type of cap to prevent the pressure from doing what it did.

 

[TinkerBelleLuvr]

Having read this post, I went and checked out my bottle of moscato (bubbly too), and it had a regular style cork in it too. Checked out the wine too - remember why the name was familiar - was in many wineries in New York too.

Do I have a valid claim on my hands to sue the winery for the amount of the damages due to what is assumed a poorly corked bottle?

Anyone can sue - question is whether you can prevail.

How did they tell you that they've had the problem in the winery? Anything in writing?

 

[mcsocfce]

Anyone can sue - question is whether you can prevail.

That is my concern. With court and serving fees, I would be out $150 just to try a small claim. And even then, they still have the option to take it to circuit court, which would incur another $200-$250 in filing fees and bring on their attorney (which is the most likely option on their part).

How did they tell you that they've had the problem in the winery? Anything in writing?

I'm afraid it was verbal on the phone. But if questioned on the stand, an honest answer would hurt their defense by them assuming knowledge.

 

[xylene]

No sympathy.

The extent of the winemakers liability, if any, is the replacement of the defective bottle.

There is no legal basis for vintner liability for leaky bottles or thrown corks.

It's a beverage man! Leaks and spills are an easily foreseeable risk of storage.

Don't store wine in wood cabinets with an unsealed finish.

And of course you can prove that the thrown cork didn't happen through your own mishandling?

The winery is being very generous in their offer, you should in enjoy getting such customer service, as legally they owe you nothing.

 

[CameronNewport]

The extent of the winemakers liability, if any, is the replacement of the defective bottle.

There is no legal basis for vintner liability for leaky bottles or thrown corks.

It's a beverage man! Leaks and spills are an easily foreseeable risk of storage.

Don't store wine in wood cabinets with an unsealed finish.

I disagree. I don't think consumers assume the risk of damage from an improperly corked bottle after purchasing wine. In fact, your own conclusion is inconsistent. If the winery were not liable for negligence, then it wouldn't owe the OP anything (not even a new bottle of wine). If the winery were negligent such that it owes the OP a new bottle of wine, then clearly it owes the OP for other foreseeable damages as well.

I think the OP has a reasonable chance of winning a small claims case for all damages (especially if he can get the employee(s) to admit that bottles explode all the time).

And of course you can prove that the thrown cork didn't happen through your own mishandling?

In what bizarro courtroom would the OP need to prove that? It would be the defendant's burden to prove that the OP was negligent, not the other way around.