Charlotte, NC asked in Personal Injury for North Carolina

Q: I cut my finger on a metal napkin-holder. Starbucks apologized, gave me a 'gift card,' but I needed stitches. Can I sue?

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1 Lawyer Answer
Brian F Davis
Brian F Davis
  • Asheville, NC
  • Licensed in North Carolina

A: You can always sue, but the bigger question is should you? In this situation, you would most likely see a defense raised by Starbucks called Contributory Negligence. This means that they would likely claim you were negligent yourself in some small amount. In NC, if a jury finds any contributory negligence by the injured person, then there is no recovery for the injury. This is a harsh rule for injured persons. Since I do not know the exact way that you cut your finger, I can not accurately comment on your chances of making a recovery. You can always make a claim with Starbucks' insurance company to see if they will voluntarily pay you for your medical bills and perhaps an amount for your pain and suffering. If they refuse, then you should consult with a personal injury attorney.

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