Whining & Dining

The Chowhound discussion board offers the following contractually charged dilemma:

A small fly landed in my friend’s glass of wine (it was maybe two thirds full) so we asked for a new glass. She was given a new glass and the remaining wine from our bottle was poured into the glass. The full cost of the wine was on our bill . . . . My question is, should they have comped my friend a glass of wine? What is the norm for when a fly lands in your wine glass?

What’s the best way to legally frame the problem? Has the patron taken on the responsibility to safeguard her own wine once it’s been delivered? Or should some implied warranty of merchantability guarantee a fly-free experience? The unlucky patron here had “two more flies land[] in her new full wine glass shortly.”

Let’s hope it wasn’t too expensive a wine….especially if she’s not a celebrity.

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